[Federal Register Volume 68, Number 245 (Monday, December 22, 2003)]
[Rules and Regulations]
[Pages 71014-71026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31346]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 437
[FRL-7601-3]
RIN 2040-AD95
Effluent Limitations Guidelines, Pretreatment Standards, and New
Source Performance Standards for the Centralized Waste Treatment Point
Source Category
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is amending certain
provisions of a wastewater discharge regulation for the Centralized
Waste Treatment (CWT) Point Source Category. Today's action deletes the
selenium limitations and standards from certain sections of Subpart A,
the Metals Treatment and Recovery subcategory. In addition, it deletes
the barium, molybdenum, antimony, and titanium limitations and
standards from Subpart B, the Oils Treatment and Recovery subcategory.
Further, this action deletes the molybdenum, antimony, aniline, and
2,3-dichloroaniline limitations and standards from the Organics
Treatment and Recovery subcategory. This action also revises all
applicable related sections of Subpart D, the Multiple Wastestream
subcategory, to reflect the preceding revisions. Finally this action
increases the maximum monthly average BOD5 limitation for
directly discharging facilities subject to a section of the Multiple
Wastestreams subcategory. EPA originally established wastewater
discharge standards for CWT facilities in December 2000. Following
publication of that rule, a number of CWT facilities petitioned EPA to
reconsider the limitations and standards for certain pollutants. EPA
evaluated the technology basis and other analyses and agreed with many
of the suggested revisions. Today's action establishes those changes.
As a result, facilities will not be required to comply with certain
discharge standards that were erroneously included in the earlier
regulation or for which EPA had incorrectly assessed the capability of
the technology to achieve the removals.
DATES: This regulation shall become effective on December 22, 2003.
ADDRESSES: The administrative record is available for inspection and
copying at the Water Docket, located at the EPA Docket Center (EPA/DC)
in the basement of the EPA West Building, Room B-102, 1301 Constitution
Ave., NW., Washington, DC. The rule and key supporting materials are
also electronically available via EPA Dockets (Edocket) at http://www.epa.gov/edocket/ Edocket number OW-2003-0075 or at http://www.epa.gov/guide/cwt/.
FOR FURTHER INFORMATION CONTACT: Elwood H. Forsht, EPA Office of Water
by phone at (202) 566-1025 or by e-mail at [email protected]. For
information on how to get copies of this document and other related
information see the SUPPLEMENTARY INFORMATION section.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Legal Authority
III. Overview of Effluent Limitations Guidelines and Standards for
Centralized Waste Treatment
IV. Amendment to Remove Selenium Limitations from Certain Sections
of the Metals Treatment and Recovery Subcategory
V. Amendment to Remove Barium, Molybdenum, Antimony, and Titanium
Limitations from the Oils Treatment and Recovery Subcategory
VI. Amendment to Remove Molybdenum, Antimony, Aniline, and 2,3-
Dichloroaniline Limitations from the Organics Treatment and Recovery
Subcategory
VII. Amendment to Revise the Related Multiple Wastestreams
Subcategory Segments
VIII. Summary of Today's Amendments
IX. Corrections and Edits to 40 CFR part 437
X. Good Cause for Making Today's Amendments Effective on December
22, 2003
XI. Statutory and Executive Order Reviews
[[Page 71015]]
I. General Information
A. What Entities Are Potentially Regulated by This Regulation?
Entities potentially regulated by this action include the following
types of facilities that discharge pollutants directly or indirectly to
U.S. waters.
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Category Examples of regulated entities NAICS codes
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Industry.............................. Discharges from stand-alone waste 56221, 562219.
treatment and recovery facilities
receiving materials from off-site.
These facilities may treat hazardous or
non-hazardous waste, hazardous or non-
hazardous wastewater, and/or used
material from off-site, for disposal,
recycling, or recovery.
Certain discharges from waste treatment
systems at facilities primarily engaged
in other industrial operations.
Industrial facilities that process
their own, on-site generated, process
wastewater with hazardous or non-
hazardous wastes, wastewaters, and/or
used material received from off-site,
in certain circumstances, may be
subject to this rule with respect to a
portion of their discharge.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your facility is regulated by this action, you should carefully examine
the definitions and applicability criteria in Sec. Sec. 437.1, 437.2,
437.10, 437.20, 437.30, and 437.40 of title 40 of the Code of Federal
Regulations. If you have questions about the applicability of this
action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
B. How Can I Get Copies of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. OW-2003-0075. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
The official public docket is the collection of materials that is
available for public viewing at the Water Docket in the EPA Docket
Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Water Docket is (202) 566-
2426. To view these docket materials, please call ahead to schedule an
appointment. Every user is entitled to copy 266 pages per day before
incurring a charge. The Docket may charge 15 cents a page for each page
over the 266-page limit plus an administrative fee of $25.00.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/. An electronic version of the
public docket is available through EPA's electronic public docket and
comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, access the index listing
of the contents of the official public docket, and to access those
documents in the public docket that are available electronically.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in section I.B.1. Once in the system,
select ``search,'' then key in the appropriate docket identification
number.
C. What Process Governs Judicial Review for Today's Final Rule?
In accordance with 40 CFR 23.2, today's rule is considered
promulgated for the purposes of judicial review as of 1 p.m. eastern
daylight time, January 5, 2004. Under section 509(b)(1) of the Clean
Water Act (CWA), judicial review of today's effluent limitations
guidelines and standards may be obtained by filing a petition in the
United States Circuit Court of Appeals for review within 120 days from
the date of promulgation of these guidelines and standards. Under
section 509(b)(2) of the CWA, the requirements of this regulation may
not be challenged later in civil or criminal proceedings brought by EPA
to enforce these requirements.
II. Legal Authority
The U.S. Environmental Protection Agency is promulgating these
regulations under the authority of 33 U.S.C. 1311, 1314, 1316, 1317,
1318, 1342 and 1361.
III. Overview of Effluent Limitations Guidelines and Standards for
Centralized Waste Treatment
Congress adopted the Clean Water Act (CWA) to ``restore and
maintain the chemical, physical, and biological integrity of the
Nation's waters'' (Section 101(a), 33 U.S.C. 1251(a)). To achieve this,
the CWA prohibits the discharge of pollutants into navigable waters
except in compliance with the statute. The CWA confronts the problem of
water pollution on a number of different fronts. It relies primarily,
however, on establishing restrictions on the types and amounts of
pollutants discharged from various industrial, commercial, and public
sources of wastewater.
Congress recognized that regulating only those sources that
discharge effluent directly into the Nation's waters would not achieve
the CWA's goals. Consequently, the CWA requires EPA to set nationally-
applicable pretreatment standards that restrict pollutant discharges
for those facilities that discharge wastewater indirectly through
sewers flowing to publicly-owned treatment works (POTWs) (Section
307(b) and (c), 33 U.S.C. 1317(b) and (c)). National pretreatment
standards are established for those wastewater pollutants that may pass
through or interfere with POTWs operations. Generally, pretreatment
standards are designed to ensure that wastewater from direct and
indirect industrial dischargers are subject to similar levels of
treatment. POTWs must also implement local pretreatment limits
applicable to their industrial indirect dischargers to satisfy local
requirements (40 CFR 403.5).
Direct dischargers must comply with effluent limitations through
National
[[Page 71016]]
Pollutant Discharge Elimination System (NPDES) permits; indirect
dischargers must comply with pretreatment standards. These limitations
and standards are established by regulation for categories of
industrial dischargers and are based on the degree of control that can
be achieved using various levels of pollution control technology.
On December 22, 2000, EPA published regulations establishing
effluent limitations guidelines, pretreatment standards for new and
existing sources, and new source performance standards for the
Centralized Waste Treatment (CWT) Point Source Category (65 FR 81242).
These regulations control the discharges from CWT facilities that
receive waste, wastewater, or used material from off-site. EPA
established limitations and standards for four CWT subcategories. The
first three subcategories cover facilities that treat or recover only
one type of waste, either metal-bearing (Subpart A--Metals Treatment
and Recovery), oily (Subpart B--Oils Treatment and Recovery), or
organic (Subpart C--Organics Treatment and Recovery). The fourth
subcategory, Subpart D--Multiple Wastestreams, covers facilities that
treat or recover some combination of metal-bearing, oily, and organic
waste, wastewater, or used material received from off-site. Using
Subpart D limitations and standards simplifies implementation of the
rule and compliance monitoring for CWT facilities that treat wastes
subject to more than one of the first three subcategories. These
facilities may choose to comply with the provisions of the multiple
wastestreams Subpart D rather than Subparts A, B, or C. However, they
must certify that an equivalent treatment system is installed and
properly designed, maintained, and operated.
After the Agency published the December 2000 final rule, facilities
in the regulated community conducted compliance monitoring studies and
began to develop compliance strategies for the regulated pollutants.
Based on these efforts, several members of the regulated community and
a trade association submitted new information to the Agency and asked
EPA to revise certain aspects of the final rule. In September 2003, EPA
proposed to amend the regulations to delete certain pollutants from
those subject to effluent limitations guidelines and standards. (68 FR
53432, September 10, 2003). After our own analysis and review of
comments received on the proposed amendment, EPA has determined that it
should adopt the proposed modifications to the current rule as well as
several additional modifications resulting from additional analyses in
the organics subcategory.
IV. Amendment To Remove Selenium Limitations From Certain Sections of
the Metals Treatment and Recovery Subcategory
For the Metals Treatment and Recovery subcategory, EPA proposed to
amend 40 CFR part 437 by deleting from Sec. Sec. 437.11, 437.13,
437.15 and 437.16 the respective Best Practicable Control Technology
Currently Available (BPT), Best Available Technology Economically
Achievable (BAT), Pretreatment Standards for Existing Sources (PSES),
and Pretreatment Standards for New Sources (PSNS) limitations and
standards for selenium. We are adopting the changes for the reasons
explained below. Section VII describes the methodology used to revise
the related segments of the Multiple Wastestreams subcategory to
reflect deletion of selenium from the Metals Treatment and Recovery
subcategory.
In the December 2000 final rule, EPA established, for the Metals
Treatment and Recovery subcategory, direct discharge limitations and
standards as well as pretreatment standards for selenium and 15 other
metal pollutants. The model technology for the BPT, BAT, PSES, and PSNS
limitations and standards was primary chemical precipitation, liquid-
solid separation, secondary chemical precipitation, clarification, and
sand filtration. Following promulgation of the final rule, EPA received
information indicating that the model technology that was the basis for
the limitations and standards for existing sources would not remove
selenium from wastewater consistently to the level required by the
regulation. Based on the Agency's review of this information, EPA
agrees and has concluded that it should delete selenium from the
regulated metals for this subcategory. (EPA did not reassess its New
Source Performance Standards (NSPS) for selenium because the standards
are based on a different model treatment system involving the use of
selective metals precipitation.)
While the data in the record for the 2000 CWT regulation
demonstrate that the technology EPA evaluated as the basis for the BPT,
BAT, PSES, and PSNS limitations and standards removes selenium, they
also show that selenium removal was achieved only in the last stage of
the model treatment system--the sand filtration polishing step. The
sand filtration polishing step was included in the model technology to
ensure compliance with total suspended solids (TSS) limits and was not
designed to achieve specific metal removals. While it is true that the
removal of solids associated with sand filtration will also remove
associated metals, these metals removals are not achieved at a
consistent or predictable rate. EPA did not intend to regulate a metal
for which removals were obtained only during this final, polishing step
of an extended treatment train. The identified removals may be an
artifact of the particular data set EPA evaluated, and the record does
not demonstrate that selenium removals are achieved consistently and
predictably with this technology. While removals were observed, EPA
determined that facilities would not be able to achieve the consistent
removals required for compliance with a specific regulatory limit for
selenium. Commenters on the proposed amendment supported EPA's
conclusions. Commenters' experience confirmed that the model technology
would not achieve consistent and predictable high-percentage removal of
selenium. The docket includes documents which describe EPA's review of
the selenium data that form the basis for today's action (DCNs 47.1 and
47.2).
Although EPA is deleting the regulatory limits for selenium in the
selected sections, operation of treatment systems required to achieve
compliance with the 14 other metals limits will ensure some continued
removal of selenium, even if not at a consistent and predictable rate.
Even without incidental removals for selenium, the estimated pollution
reduction for this regulation remains relatively unchanged from the
December 2000 estimates. Specifically, the decrease in reductions would
be only 398 pounds per year (lbs/yr) or 0.01 percent of the total
estimated metals subcategory reduction of 3.17 million lbs/yr.
Expressed as toxic pound-equivalents (lb-eq), the decrease as a result
of assuming no selenium removals is 0.011 percent or 438 lb-eq/yr out
of the total estimated metals subcategory reduction of 415,393 lb-eq/yr
(DCN 48.1).
V. Amendment To Remove Barium, Molybdenum, Antimony, and Titanium
Limitations From the Oils Treatment and Recovery Subcategory
In the December 2000 final rule, EPA established, for the Oils
Treatment and Recovery subcategory, direct discharge limitations and
standards for barium, molybdenum, antimony, and titanium as well as 18
other pollutants. It also established pretreatment standards for
barium, molybdenum, and antimony as well as 11 other pollutants. The
model
[[Page 71017]]
technology used as the basis for the BPT, BAT, NSPS, and PSNS
limitations and standards was emulsion breaking/gravity separation,
secondary gravity separation, and dissolved air flotation (DAF). The
PSES model technology was emulsion breaking/gravity separation, and
DAF.
After EPA published the final rule, members of the regulated
community evaluated different engineering strategies for complying with
the promulgated limitations and standards. Several companies and a
trade association submitted new information to EPA demonstrating that
the model technology did not consistently remove certain pollutants
from oils wastestreams. They reported to EPA that the limitations and
standards were not technically achievable and petitioned EPA to delete
these pollutants from the regulated parameters.
Based on the data submitted concerning metals removal and the model
technology, EPA reexamined its model technology. As noted above, the
model technology used for BPT, BAT, NSPS, and PSNS consists of emulsion
breaking/gravity separation, secondary gravity separation, and DAF.
During the DAF phase of treatment, surface active agents, coagulating
agents, and polyelectrolytes are added to the wastewater, and the pH of
the system is adjusted. The effect of adding coagulating agents and
adjusting pH is to promote precipitation of metals and their consequent
removal. Different metals are removed more effectively at different
concentrations of coagulating agents and at different pH levels. EPA
examined its database to identify which of the metal pollutants were
removed consistently and predictably by the treatment system. Our
review demonstrates that removals were not consistent and predictable
for barium, molybdenum, antimony, and titanium. As a result, EPA is
amending the regulations to remove the limitations and standards for
these metal pollutants from Subpart B and to modify the related
provisions of Subpart D to reflect these changes. In today's action,
EPA is deleting BPT, BAT, and NSPS limitations and standards for
barium, molybdenum, titanium, and antimony. EPA is also deleting PSES
and PSNS standards for barium, molybdenum and antimony. (EPA had not
promulgated pretreatment standards for titanium in the December 2000
rule.) Comments on the proposed amendment and EPA's record support
these changes as explained in the following discussions.
Even though this amendment deletes the limitations and standards
for these four metal pollutants, the control of other metal pollutants
ensures some incidental removals for these parameters. For direct
discharge facilities, limitations for nine other metals remain in
place. For indirect discharge facilities, pretreatment standards for
six other metals remain in place.
A. Barium
EPA is amending 40 CFR part 437 by deleting from Sec. Sec. 437.21,
437.23, 437.24, 437.25 and 437.26 the respective BPT, BAT, NSPS, PSES,
and PSNS limitations and standards for barium. Section VI describes the
methodology used to revise the related segments of the Multiple
Wastestreams subcategory to reflect deletion of barium from the Oils
Treatment and Recovery subcategory.
EPA received information and data from several companies and a CWT
trade association concerning barium concentrations in different types
of waste receipts treated at CWT facilities. EPA evaluated this
information and concluded that the model technology would not reliably
and consistently remove barium to the limits required in the oils
subcategory. The record includes the additional information provided to
the Agency with the request for changes to the regulation and EPA's
review of that information (DCNs 43.2.49, 43.2.51, 43.2.54, 43.2.60,
44.2, 44.2.1, 44.3, 45.29.1, and 47.7).
EPA based its determination on the information noted above and
other information supplied by commenters. Petitioners and commenters
noted that CWT facilities accept a variety of oily waste receipts that
contain barium including used lubricating oils and greases and oil and
gas extraction drilling fluids and brine. The information and data
indicate that barium is usually precipitated as barium sulfate and that
sedimentation, rather than dissolved air flotation, would provide more
consistent barium removals.
EPA's single-stage DAF model treatment system was designed
primarily to remove suspended solids and dispersed oil and grease from
oily wastewater. The use of treatment chemicals effectively increases
the efficiencies of DAF treatment systems in removing suspended solids
and may also enhance the removal of metals (DCN 41.2, pages 8-13 to
15). The operating conditions of the model treatment technology in the
final regulation included the addition of treatment chemicals (aluminum
sulfate, caustic soda, and polymers). Use of aluminum sulfate (alum)
precipitates barium sulfate which has a specific gravity 4.5 times
heavier than water; the use of polymers flocculate suspended particles.
Because of the density of barium sulfate and the use of polymers,
large floc formations would tend to sink, and smaller floc formations
would tend to float. However, if colloidal suspensions are formed, DAF
might be ineffective. Therefore, removing barium sulfate by DAF
requires a careful balance between forming a large enough floc to be
floated but not too large to sink. In these circumstances, EPA
determined that the model DAF technology would not reliably and
consistently provide the pollutant reductions that were used for the
promulgated limitations. Thus, EPA proposed to remove the limitations
and standards for barium from Subpart B and the associated provisions
of Subpart D. EPA did not intend to regulate a pollutant in the oils
waste receipts subcategory for which compliance could not be
consistently and predictably achieved with the model DAF treatment
system. Further analysis of EPA data and that supplied by commenters
and others confirms EPA's conclusions about barium removals in the
model DAF treatment system. As a consequence, EPA is modifying the
limitations and standards to remove barium as a regulated pollutant.
Although EPA is deleting the regulatory limits for barium,
operation of treatment systems required to achieve compliance with
other metals limits will ensure some continued removal of barium, even
if not at a consistent and predictable rate. Even without incidental
removals for barium, the estimated pollutant reduction for this
regulation remains relatively unchanged from the December 2000
estimates. Specifically, the oils subcategory pollutant reductions
would decrease by 2,117 lbs/yr or 0.25 percent of the total estimated
reduction of 859,988 lbs/yr if no barium removals were included.
Expressed as toxic pound-equivalents, the decrease assuming no barium
removals is less than 0.008 percent or 4 lb-eq/yr of the total
estimated subcategory reduction of 52,603 lb-eq/yr (DCN 48.1).
B. Molybdenum, Antimony, and Titanium
EPA is amending 40 CFR part 437 by deleting the respective BPT,
BAT, and NSPS limitations and standards for molybdenum, antimony, and
titanium from Sec. Sec. 437.21, 437.23, 437.24; and by deleting the
respective PSES and PSNS standards for molybdenum and antimony from
Sec. Sec. 437.25 and 437.26. Section VI describes the methodology used
to revise the related segments of
[[Page 71018]]
the Multiple Wastestreams subcategory to reflect deletions of regulated
pollutants.
As explained in the proposal, EPA's single-stage DAF model
treatment system was designed primarily to remove suspended solids and
dispersed oil and grease from oily wastewater. The use of treatment
chemicals effectively increases the efficiencies of DAF treatment
systems in removing suspended solids. It may also enhance the removal
of metals (DCN 41.2, pages 8-13 to 15). The conditions under which the
EPA's model treatment technology operated included adding treatment
chemicals (aluminum sulfate, caustic soda, and polymer) with pH
adjustments to relatively strong base levels between 9 to 11. These
operating conditions optimize removals of the more traditional heavy
metals including chromium, zinc, lead, nickel, copper, and cadmium.
As previously noted, after EPA published the December 2000 final
rule, the regulated community evaluated several different engineering
strategies for complying with the limitations and standards. Several
companies and a CWT trade association submitted new information
demonstrating that the model technology would not consistently remove
certain pollutants from oils wastestreams. They reported that the
antimony, molybdenum, and titanium limitations and standards were not
technically achievable, petitioning EPA to delete these pollutants as
regulated parameters. The docket includes the additional information
and EPA's review of that information (DCNs 45.12.1, 45.12.2, 45.12.3,
45.12.4, 45.25, 45.25.2, 46.5.1, 46.5.2, 46.5.3, 46.10, 46.11, 46.12,
46.15, 46.21, and 47.5).
Based on the materials submitted, EPA reexamined its model
technology and the removal data. The results led EPA to propose
deleting the antimony, molybdenum, and titanium limitations and
standards in the Oils Treatment and Recovery subcategory. Information
and data submitted by commenters has further convinced the Agency that
the oils subcategory model DAF treatment technology will not
consistently meet the antimony, molybdenum, and titanium limitations
and standards. The data demonstrate that optimum removals of antimony,
molybdenum, and titanium require treatment with high concentrations of
iron (ranging from 1,000 to 5,000 mg/l ). The data also demonstrate
that optimum removals of antimony and molybdenum require pH adjustments
to relatively strong acid levels between 4 to 5. To ensure compliance
with the antimony, molybdenum, and titanium limitations and standards,
many oily waste facilities would need to add a second-stage chemical
precipitation step, operated at a relatively low pH (between 4 and 5)
and/or add large quantities of iron (1,000 to 5,000 mg/l), followed by
clarification or filtration.
EPA did not intend to regulate a pollutant in the oils waste
receipts subcategory for which compliance requires the addition of
uniquely designed chemical precipitation systems to the model
technology. Based on the information and data provided, we conclude
that many CWT facilities subject to Subpart B would not be able to
comply with the antimony, molybdenum, and titanium limitations and
standards through the use of the model DAF technology alone. EPA is
therefore amending the regulation to remove the limitations and
standards for these pollutants from Subpart B and revise the associated
provisions of Subpart D.
Although EPA is deleting the regulatory limits for antimony,
molybdenum, and titanium, operation of treatment systems required to
achieve compliance with other metals limits will ensure some continued
removal of antimony, molybdenum, and titanium, even if not at
consistent and predictable rates. Even with no incidental removals for
antimony, molybdenum, and titanium, the estimated oils subcategory
pollutant reduction for this regulation remains relatively unchanged
(the December 2000 estimated pollutant reductions would decrease by
7,832 lbs/yr or 0.91 percent of the total estimated reduction of
859,988 lbs/yr). Expressed as pollutant pound-equivalents, the
decrease, assuming no antimony, molybdenum, and titanium removals, is
about 2.89 percent or 1,519 lb-eq/yr out of the total estimated
subcategory reduction of 52,603 lb-eq/yr (DCN 48.1).
VI. Amendment To Remove Molybdenum, Antimony, Aniline, and 2,3-
Dichloroaniline Limitations From the Organics Treatment and Recovery
Subcategory
EPA is amending 40 CFR Part 437 by deleting from Sec. Sec. 437.31,
437.33, and 437.34 the respective BPT, BAT, and NSPS limitations and
standards for molybdenum, antimony, aniline, and 2,3-dichloroaniline;
and by deleting the respective PSES and PSNS standards for molybdenum
and 2,3-dichloroaniline from Sec. Sec. 437.35 and 437.36. Section VII
describes the methodology used to revise the related segments of the
Multiple Wastestreams subcategory to reflect deletions of regulated
pollutants.
In the proposed amendment, EPA asked for comment on an issue raised
by the National Oil Recyclers Association (NORA). NORA submitted
information with a request that EPA delete the molybdenum limitations
and standards from the Organics Treatment and Recovery subcategory and
from the related sections of the Multiple Wastestreams subcategory
(DCNs 45.32 and 45.33). NORA stated that many CWT organics subcategory
facilities had molybdenum influent raw waste concentrations that are
too high for effective biological treatment. Based on our assessment of
the information and data, EPA indicated in the proposed amendment that
it would probably delete the molybdenum limitations from the organics
subcategory. We sought further information that showed that the model
technology for the Organics Treatment and Recovery subcategory would
not consistently and predictably remove molybdenum from wastestreams.
EPA received additional information and data from commenters on this
issue and has determined that it should remove molybdenum from the
pollutants regulated in the Organics Treatment and Recovery subcategory
(and related sections of the Multiple Wastestreams subcategory).
EPA had based the December 2000 effluent limitations and
pretreatment standards for Subpart C--the Organics Treatment and
Recovery subcategory--on the performance of one model facility that
used the BPT/BAT model technology. That technology consists of
equalization followed by biological treatment provided by a sequential
batch reactor (SBR). EPA's analysis of information and data submitted
by commenters and in the rulemaking record demonstrates, however, that
well-designed and well-operated treatment systems at CWT facilities
that use the BPT/BAT technology as the basis for the organics
subcategory limitations and standards will not consistently and
predictably remove molybdenum. Commenters asserted that EPA had
erroneously selected molybdenum as a regulated pollutant because it had
used data from the wrong influent sample point. Further, commenters
asserted that EPA had improperly included in its determination influent
data for one day of sampling for which it had no corresponding effluent
data. Commenters concluded that, if EPA had applied its methodology to
the proper data set from the correct sampling point, the Agency would
not have selected molybdenum for regulation.
EPA has reexamined the data underlying its original determination
of which pollutants should be regulated in the organics subcategory.
The
[[Page 71019]]
``Development Document for Effluent Limitations Guidelines and
Standards for the Centralized Waste Treatment Industry--Final''
describes the methodology EPA used to select regulated pollutants for
this subcategory (DCN 41.2, Chapter 7). Among the criteria EPA had
considered in selecting regulated pollutants was whether a pollutant
was present in the influent wastewater at a treatable level and whether
a pollutant was effectively removed by the model technology. Thus,
selection of the influent sampling point can greatly influence whether
a pollutant is regulated.
For today's action, EPA reviewed all of the information in the
rulemaking record concerning the model sampled facility. EPA has
realized that this facility used a more sophisticated treatment system
than the model technology. Therefore, for the December 2000 final rule,
EPA had relied on influent data that reflected additional treatment
steps not included in the model technology.
EPA also reviewed its record to consider the comment that it should
not include influent data from the last day of sampling at the model
facility. EPA agrees with the comment because EPA does not have
effluent data that corresponds to the last day of influent sampling at
the model facility. Consequently, EPA cannot determine to what extent
these influent pollutant concentrations were treated by the model
technology on this day. As a result, it is appropriate to exclude the
influent data from the last day of sampling in the analysis of
treatment efficiency.
After revising the influent sampling point and deleting influent
data from the last day of sampling, EPA found that the model technology
did not effectively treat molybdenum. As a result, we are deleting
molybdenum limitations and standards from the organics subcategory.
EPA also applied its pollutant selection methodology with the
revised data sets to all pollutants regulated in the Organics
subcategory. As a result of those analyses, we are also amending the
limitations and standards for the Organics subcategory to delete
antimony, aniline, and 2,3-dichloroaniline as regulated parameters.
[DCN Section 48]
Although EPA is deleting the limits for molybdenum, antimony,
aniline, and 2,3-dichloroaniline, compliance with other organics
limitations and standards may still lead to incidental removals of
these pollutants. Assuming no incidental removals, the organics
subcategory pollutant reduction estimates for this regulation remain
relatively unchanged from the December 2000 estimates. Specifically,
the estimated organics subcategory pollutant reductions would decrease
by 282 lbs/yr or 0.05 percent of the total estimated reduction of
611,283 lbs/yr if no molybdenum, antimony, aniline, and 2,3-
dichloroaniline removals were included. Expressed as toxic pound-
equivalents, the decrease is about 0.23 percent or 46 lb-eq/yr out of
the total estimated subcategory reduction of 19,976 lb-eq/yr (DCN
48.1).
Finally, this analysis does not affect the actual numerical
limitations and standards for the remaining regulated pollutants in the
organics subcategory--it affects only the selection of regulated
pollutants. EPA based the numerical limitations and standards only on
effluent data. EPA has concluded that, because it properly selected the
effluent sampling point at the model facility, the numerical
limitations and standards for the remaining regulated pollutants do not
change.
VII. Amendment To Revise the Related Multiple Wastestreams Subcategory
Segments
In the December 2000 final rule, EPA established limitations and
standards for facilities that treat a combination of metal-bearing,
oily or organic waste, wastewater or used material. Use of these
Multiple Wastestreams subcategory limitations and standards simplifies
implementation of the rule and compliance monitoring for CWT facilities
that treat wastes subject to more than one of the other subcategories.
These facilities may elect to comply with the provisions of the
Multiple Wastestreams subcategory rather than the applicable individual
provisions of the metals, oils, and organics treatment and recovery
subcategories in the circumstances described in 40 CFR 437.40.
EPA developed four sets of limitations for each of the possible
combinations of the three subcategories of wastestreams. These are
mixtures of:
[sbull] Metal-bearing, oils, and organics waste receipts,
[sbull] Metal-bearing and oils waste receipts,
[sbull] Metal-bearing and organics waste receipts, and
[sbull] Oils and organics waste receipts.
To derive these limitations and standards, EPA combined pollutant
limitations and standards from each possible combination of
subcategories, selecting the most stringent pollutant values where they
overlap. (For each pollutant, EPA selected the most stringent maximum
monthly average limitations and its corresponding maximum daily
limitation.) For example, in the December 2000 rule, antimony is
regulated under (i.e., overlaps) Subparts A, B, and C. Therefore, the
antimony Subpart D limitations for mixtures of Subparts A, B, and C
wastestreams are based on Subpart B, the most stringent antimony
limitations.
Today's action modifies the Multiple Wastestreams subcategory
limitations and standards to reflect the removal of selenium from the
Metals subcategory limitations and standards; the removal of barium,
molybdenum, antimony, and titanium from the Oils Treatment and Recovery
subcategory; and the removal of molybdenum, antimony, aniline, and 2,3-
dichloroaniline from the Organics Treatment and Recovery subcategory.
A. Selenium
EPA is amending 40 CFR part 437 by deleting the respective BPT,
BAT, PSES, and PSNS limitations and standards for selenium from
Sec. Sec. 437.42(b), (c), and (d); 437.44(b), (c), and (d); 437.46(b),
(c), and (d); and 437.47(b), (c), and (d). Because selenium was
regulated in the Metals Treatment and Recovery subcategory but not in
the Oils or Organics Treatment and Recovery Subcategories, there are no
overlapping limitations for this pollutant. Therefore, the result of
deleting selenium from the BPT, BAT, PSES, and PSNS segments of the
metals subcategory (see Section IV) is that selenium limitations and
standards remain only for the New Source Performance Standards (NSPS)
segment of the Multiple Wastestreams subcategory. The selenium NSPS
standards are based on a different model treatment system involving the
use of selective metals precipitation.
B. Barium
EPA is amending 40 CFR part 437 by deleting the respective BPT,
BAT, NSPS, PSES, and PSNS limitations and standards for barium in the
Oils Treatment and Recovery subcategory from Sec. Sec. 437.42(b), (c),
and (e); 437.44(b), (c), and (e); 437.45(b), (c), and (e); 437.46(b),
(c), and (e); and 437.47(b), (c), and (e). Because barium was only
regulated in the Oils Treatment and Recovery subcategory but not in the
Metals or Organics Treatment and Recovery Subcategories, there are no
overlapping limitations for this pollutant. Therefore, the result of
deleting barium from the oils subcategory (see Section V) is that there
are no barium limitations and standards for any segment of the Multiple
Wastestreams subcategory.
[[Page 71020]]
C. Molybdenum
EPA is amending 40 CFR part 437 by deleting the respective BPT,
BAT, NSPS, PSES, and PSNS limitations and standards for molybdenum from
Sec. Sec. 437.42(b), (c), (d), and (e); 437.44(b), (c), (d), and (e);
437.45(b), (c), (d), and (e); 437.46(b), (c), (d), and (e); and
437.47(b), (c), (d), and (e). EPA originally promulgated molybdenum
limitations for the Oils Treatment and Recovery subcategory and the
Organics Treatment and Recovery subcategory but not in the Metals
Treatment and Recovery subcategory. Therefore, the result of deleting
molybdenum from the Oils Treatment and Recovery subcategory and the
Organics Treatment and Recovery subcategory (see Section V) is that
there are no molybdenum limitations and standards for any segment of
the Multiple Wastestreams subcategory.
D. Antimony
EPA is amending 40 CFR part 437 by deleting the respective BPT,
BAT, NSPS, PSES and PSNS standards for antimony from Sec. Sec.
437.42(e), 437.44(e), 437.45(e), 437.46(e) and 437.47(e), and by
revising the respective BPT, PSES, and PSNS limitations and standards
for antimony in Sec. Sec. 437.42(b) and (c), 437.46(b) and (c), and
437.47(b) and (c).
Because antimony was originally regulated for indirect discharges
only in the Metals and Oils Treatment and Recovery Subcategories but
not in the Organics Treatment and Recovery subcategory and EPA is
deleting antimony from the Oils Treatment and Recovery subcategory,
there are PSES and PSNS standards for this pollutant only in the Metals
subcategory. The antimony standards in the related indirect discharge
segments of the Multiple Wastestreams subcategory are, therefore, based
on the Metals subcategory limitations.
In the December 2000 rule, EPA regulated antimony for direct
discharges in the Metals, Oils, and Organics Treatment and Recovery
Subcategories. As the result of today's action, there are BPT, BAT, and
NSPS limitations and standards for this pollutant only in the Metals
subcategory. Therefore, the BPT, BAT, and NSPS antimony limitations and
standards in the related direct discharge segments of the Multiple
Wastestreams subcategory are based on the Metals subcategory
limitations.
E. Titanium
EPA is amending 40 CFR part 437 by deleting the respective BPT,
BAT, and NSPS limitations and standards for titanium in Sec. Sec.
437.42(e), 437.44(e), and 437.45(e), and by revising the respective BPT
limitations for titanium in paragraphs Sec. Sec. 437.42(b) and (c).
Because EPA has deleted titanium from the pollutants regulated for
direct discharges in the Oils Treatment and Recovery subcategories, the
only remaining subcategory for which it is a regulated parameter is the
Metals subcategory. Therefore the BPT, BAT, and NSPS titanium
limitations and standards in the related direct discharge segments of
the Multiple Wastestreams subcategory are now based on the titanium
limitations and standards in the Metals subcategory.
F. Aniline
EPA is amending 40 CFR part 437 by deleting the respective BPT,
BAT, and NSPS limitations and standards for aniline in the Organics
Treatment and Recovery subcategory from Sec. Sec. 437.42(b), (d), and
(e); 437.44(b), (d), and (e); and 437.45(b), (d), and (e). Because
aniline was only regulated for direct dischargers in the Organics
Treatment and Recovery subcategory but not in the Metals or Oils
Treatment and Recovery Subcategories, there are no overlapping
limitations for this pollutant. Therefore, the result of deleting
aniline from the organics subcategory (see Section VI) is that there
are no aniline limitations and standards for any segment of the
Multiple Wastestreams subcategory.
G. 2,3-Dichloroaniline
EPA is amending 40 CFR part 437 by deleting the respective BPT,
BAT, NSPS, PSES, and PSNS limitations and standards for 2,3-
dichloroaniline in the Organics Treatment and Recovery subcategory from
Sec. Sec. 437.42(b), (d), and (e); 437.44(b) and (e); 437.45(b), (d),
and (e); 437.46(b), (d), and (e); and 437.47(b), (d), and (e). Because
2,3-dichloroaniline was only regulated in the Organics Treatment and
Recovery subcategory but not in the Metals or Oils Treatment and
Recovery Subcategories, there are no overlapping limitations for this
pollutant. Therefore, the result of deleting 2,3-dichloroaniline from
the organics subcategory (see Section VI) is that there are no 2,3-
dichloroaniline limitations and standards for any segment of the
Multiple Wastestreams subcategory.
VIII. Summary of Today's Amendments
The Agency is deleting certain limitations and standards for
selenium from the metals subcategory; for antimony, barium, molybdenum,
and titanium from the oils subcategory; and for antimony, molybdenum,
aniline, and 2,3-dichloroaniline from the organics subcategory. Today's
rule also reflects these changes in the multiple wastestreams
subcategory. The model technologies that provide the basis for the
metals and oils subcategory limitations and standards do not
consistently and predictably remove these pollutants to the specified
levels. Furthermore, based on the revised analyses in the organics
subcategory, four pollutant parameters do not meet the criteria for
regulation (whether pollutants are present in influent wastewater at
treatable levels and whether pollutants are effectively removed by the
model technology). Nevertheless, using treatment systems required for
compliance with other pollutant limits will ensure some continued
removal of these seven pollutants, even if not at consistent and
predictable rates.
Even if there were no incidental removals for these pollutants, the
estimated pollutant reduction for this regulation remains relatively
unchanged from the December 2000 estimated pollutant reductions. At
most, the pollutant reductions would decrease by 10,629 lbs/yr, or 0.23
percent of the total estimated reduction of 4,642,635 lbs/yr. Expressed
as toxic pound-equivalents, the decrease assuming no removals for these
pollutants is 0.41 percent or 2,006 lb-eq/yr out of the total estimated
reduction of 487,872 lb-eq/yr (DCN 48.1).
Even though EPA believes that possible increases in pollutant
discharges will not result in significant environmental effects, we
will continue to monitor the discharges from this industry as part of
the biennial Effluent Guidelines Program Plans required under Section
304(m) of the Clean Water Act.
IX. Corrections and Edits to 40 CFR Part 437
EPA is correcting a technical error contained in the December 22,
2000 final rule. The Federal Register publication of the final rule (65
FR 81241) contained an error in Sec. 437.42(d) for the maximum monthly
average BOD5 limitation for direct discharging facilities
subject to the Multiple Wastestreams subcategory for combined metals
and organics waste receipts. The BOD5 maximum monthly
average limitation is revised from 3.0 mg/l to 53.0 mg/l. This reflects
the limitation in the final rule signed by the Administrator on August
28, 2000. The correct 53.0 mg/l BOD5 limitation for this
segment may also be found in the ``Development Document for Effluent
Limitations Guidelines and Standards for the Centralized Waste
Treatment Industry--Final,'' (EPA 821-R-00-020,
[[Page 71021]]
DCN 41.2) as well as in the supporting information and analyses in the
record.
In addition, the ``Authority'' citation is revised to conform with
current guidance from the Federal Register Office.
X. Good Cause for Making Today's Amendments Effective on December 22,
2003
Section 553(d) of the Administrative Procedure Act generally
provides that a final rule may not be effective sooner than 30 days
after it is published. Section 553(d)(3), however, provides that an
agency may make a final rule effective in less than 30 days after
publication for ``good cause found and published with the rule.'' The
purpose of this provision is to provide affected parties a reasonable
time to prepare for the effective date of the rule or take such other
action as needed. The legislative history of this provision indicates
that it was not intended to unduly hamper agencies from making a rule
effective immediately or at some time earlier than 30 days. The
exercise of the ``good cause'' exception, however, requires legitimate
grounds supported in law and fact. Legitimate grounds would include an
``urgency of conditions coupled with demonstrated and unavoidable
limitations of time.'' The primary consideration is the convenience or
necessity of the people affected. See Northern Arapahoe Tribe v. Hodel,
808F.2d 741, 752 (10th Cir. 1987) citing, United States v. Gavrilovic,
551 F.2d 1099, 1104 (8th Cir. 1977). EPA has determined that there is
good cause for making today's amendments effective on December 22, 2003
for two reasons.
First, the changes would relieve direct and indirect dischargers
from the legal obligation to comply with effluent limitations and
pretreatment standards for certain pollutants that the Agency either
erroneously determined should be regulated or incorrectly assessed the
capability of the model technology to achieve the required removals. In
these circumstances, immediate relief from the former limitations and
standards is warranted.
Second, existing indirect dischargers are required to comply with
the promulgated pretreatment standards by December 22, 2003. Delaying
the effective date for 30 days could result in the contemplated changes
not being effective before the required compliance date, possibly
exposing some indirect dischargers to enforcement action for violation
of standards that will be superseded. These circumstances constitute
the requisite urgency of condition coupled with limitations of time to
warrant good cause for making today's rule effective on December 22,
2003.
XI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 [58 FR 51735, (October 4, 1993)], the
Agency must determine whether a regulatory action is ``significant''
and therefore subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et. seq.
It merely deletes the limitations for seven pollutants from certain
provisions of the current rule and corrects a limitation for another
pollutant that was incorrectly transcribed from the version signed by
the EPA Administrator. Consequently, today's rule does not establish
any new information collection burden on the regulated community.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business with gross
revenue under $6 million (based on Small Business Administration size
standards); (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population less than 50,000; and (3) a small organization that is any
not-for-profit enterprise which is independently owned and operated and
is not dominant in its field.
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The rule
removes or revises the limitations and standards for seven pollutants
from certain provisions of the current rule and corrects an error in
another provision. These changes reduce the economic impacts of the
regulation on those entities, including small entities, subject to the
limitations and pretreatment standards. The estimated reduction in the
analytical laboratory costs of compliance is about $500,000 (DCN 47.6).
The change to the BOD5 limitation will result in no change
in economic burden because this modification merely corrects the
limitation to reflect the BOD5 limitation
[[Page 71022]]
in the December 2000 version of the regulation.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed,
under section 203 of the UMRA, a small government agency plan. The plan
must provide for notifying potentially affected small governments,
enabling officials of affected small governments to have meaningful and
timely input in the development of EPA regulatory proposals with
significant Federal intergovernmental mandates, and informing,
educating, and advising small governments on compliance with the
regulatory requirements.
EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. It deletes or revises the limitations and
standards for seven pollutants from certain provisions of the CWT
guideline and corrects an inadvertent error in another limitation in
the codified version of the current rule. The effect of these changes
is to reduce the cost of the CWT regulations promulgated in December
2000. Thus, today's rule is not subject to the requirements of sections
202 and 205 of the UMRA.
For the same reason, EPA has determined that this rule contains no
regulatory requirements that might significantly or uniquely affect
small governments. The rule would not uniquely affect small governments
because small and large governments are affected in the same way. Thus,
today's rule is not subject to the requirements of section 203 of the
UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. Today's rule would amend
effluent limitations and pretreatment standards which impose
requirements that apply to facilities when they discharge wastewater or
introduce wastewater to a POTW. It deletes or revises the limitations
and standards for seven pollutants from certain provisions of the CWT
guideline and corrects an inadvertent error in another limitation in
the codified version of the current rule. EPA has determined that there
are no CWT facilities owned and/or operated by State or local
governments that would be subject to today's rule. Further, the rule
would only incidentally affect State and local governments in their
capacity as implementers of CWA NPDES permitting programs and approved
pretreatment programs. Thus, Executive Order 13132 does not apply to
this rule. In the spirit of Executive Order 13132, and consistent with
EPA policy to promote communications between EPA and State and local
governments, EPA specifically solicited comment on the proposed rule
from State and local officials. EPA received no comments from State and
local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes.''
This final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes or on the distribution
of power and responsibilities between the Federal government and Indian
tribes, as specified in Executive Order 13175. The rule deletes or
revises the limitations and standards for seven pollutants from certain
provisions of the current rule and corrects an inadvertent printing
error in another section. EPA has not identified any CWT facilities
covered by today's final rule that are owned and/or operated by Indian
tribal governments. Thus, Executive Order 13175 does not apply to this
rule. In the spirit of Executive Order 13175, and consistent with EPA
policy to promote communications between EPA and tribal governments,
EPA specifically solicited comment on the proposed rule from tribal
officials. EPA received no comments from tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective
[[Page 71023]]
and reasonably feasible alternatives considered by the Agency.
This final rule is not subject to Executive Order 13045 because it
is not economically significant as defined under Executive Order 12866.
Further, this regulation does not concern an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This regulation is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
As noted in the proposed rule, Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law
104-113, section 12(d), (15 U.S.C. 272 note), directs EPA to use
voluntary consensus standards in its regulatory activities unless to do
so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
that are developed or adopted by voluntary consensus standards bodies.
The NTTAA directs EPA to provide Congress, through the Office of
Management and Budget (OMB), explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any new voluntary consensus standards.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective on December 22, 2003 for the
reasons explained in Section X.
List of Subjects in 40 CFR Part 437
Environmental protection, Waste treatment and disposal, Water
pollution control.
Dated: December 16, 2003.
Michael O. Leavitt,
Administrator.
0
For reasons set out in the preamble, 40 CFR chapter I is amended as
follows:
PART 437--THE CENTRALIZED WASTE TREATMENT POINT SOURCE CATEGORY
0
1. The authority citation for part 437 is revised to read as follows:
Authority: 33 U.S.C. 1311, 1314, 1316, 1317, 1318, 1342, and
1361.
Sec. 437.11 [Amended]
0
2. Section 437.11(a) is amended by removing the entry for ``Selenium''
in the BPT Limitations table, under the heading ``Metal Parameters''.
Sec. 437.13 [Amended]
0
3. Section 437.13(a) is amended by removing ``selenium,''.
Sec. 437.15 [Amended]
0
4. Section 437.15(a) is amended by removing ``selenium,''.
Sec. 437.16 [Amended]
0
5. Section 437.16(a) is amended by removing ``selenium,''.
Sec. 437.21 [Amended]
0
6. Section 437.21 is amended by removing the following entries in the
BPT Limitations table, under the heading ``Metal Parameters'':
a. Antimony.
b. Barium.
c. Molybdenum.
d. Titanium.
Sec. 437.23 [Amended]
0
7. Section 437.23 is amended by removing the following words:
a. ``antimony,''.
b. ``barium,''.
c. ``molybdenum,''.
d. ``titanium,''.
Sec. 437.24 [Amended]
0
8. Section 437.24 is amended by removing the following words:
a. ``antimony,''.
b. ``barium,''.
c. ``molybdenum,''.
d. ``titanium,''.
Sec. 437.25 [Amended]
0
9. Section 437.25 is amended by removing the following entries in the
Pretreatment Standards (PSES) table, under the heading ``Metal
Parameters'':
a. Antimony.
b. Barium.
c. Molybdenum.
Sec. 437.26 [Amended]
0
10. Section 437.26 is amended by removing the following words:
a. ``antimony,''.
b. ``barium,''.
c. ``molybdenum,''.
Sec. 437.31 [Amended]
0
11. Section 437.31 is amended as follows:
0
a. In the BPT Limitations table by removing the following entries under
the heading ``Metal Parameters'':
i. Antimony.
ii. Molybdenum.
b. In the BPT Limitations table by removing the following entries
under the heading ``Organic Parameters'':
i. Aniline.
ii. 2,3-Dichloroaniline.
Sec. 437.33 [Amended]
0
12. Section 437.33 is amended by removing the following words:
a. ``antimony,''.
b. ``molybdenum,''.
c. ``aniline,''.
d. ``2,3,-dichloroaniline,''.
Sec. 437.34 [Amended]
0
13. Section 437.34 is amended by removing the following words:
a. ``antimony,''.
b. ``molybdenum,''.
c. ``aniline,''.
d. ``2,3,-dichloroaniline,''.
Sec. 437.35 [Amended]
0
14. Section 437.35 is amended by removing the following words:
a. ``molybdenum,''.
b. ``2,3,-dichloroaniline,''.
Sec. 437.36 [Amended]
0
15. Section 437.36 is amended by removing the following words:
a. ``molybdenum,''.
b. ``2,3,-dichloroaniline,''.
Sec. 437.42 [Amended]
0
16. Sections 437.42 is amended as follows:
0
a. In paragraph (b)(1) by removing the following entries in the BPT
Limitations table, under the heading ``Metal Parameters'':
i. Barium.
ii. Molybdenum.
iii. Selenium.
[[Page 71024]]
0
b. In paragraph (b)(1) by removing the following entries in the BPT
Limitations table, under the heading ``Organic Parameters'':
i. Aniline.
ii. 2,3-Dichloroaniline.
0
c. In paragraph (b)(1) by revising the entry for ``Antimony'' in the
BPT Limitations table under the heading ``Metal Parameters'' to read as
follows:
Sec. 437.42 Effluent limitations attainable by the application of the
best practicable control technology currently available (BPT).
* * * * *
(b) * * *
(1) * * *
BPT Limitations
------------------------------------------------------------------------
Maximum
Regulated parameter Maximum monthly
daily \1\ avg.\1\
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
Metal Parameters
------------------------------------------------------------------------
Antimony.......................................... 0.249 0.206
* * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).
* * * * *
0
d. In paragraph (b)(1) by revising the entry for ``Titanium'' in the
BPT Limitations table under the heading ``Metal Parameters'' to read as
follows:
Sec. 437.42 Effluent limitations attainable by the application of the
best practicable control technology currently available (BPT).
* * * * *
(b) * * *
(1) * * *
BPT Limitations
------------------------------------------------------------------------
Maximum
Regulated parameter Maximum monthly
daily \1\ avg.\1\
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
Metal Parameters
------------------------------------------------------------------------
* * * * *
Titanium.......................................... 0.0947 0.0618
* * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).
* * * * *
0
e. In paragraph (c)(1) by removing the following entries in the BPT
Limitations table, under the heading ``Metal Parameters'':
i. Barium.
ii. Molybdenum.
iii. Selenium.
0
f. In paragraph (c)(1) by revising the entry for ``Antimony'' in the
BPT Limitations table under the heading ``Metal Parameters'' to read as
follows:
Sec. 437.42 Effluent limitations attainable by the application of the
best practicable control technology currently available (BPT).
* * * * *
(c) * * *
(1) * * *
BPT Limitations
------------------------------------------------------------------------
Maximum
Regulated parameter Maximum monthly
daily \1\ avg.\1\
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
Metal Parameters
------------------------------------------------------------------------
Antimony.......................................... 0.249 0.206
* * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).
* * * * *
0
g. In paragraph (c)(1) by revising the entry for ``Titanium'' in the
BPT Limitations table under the heading ``Metal Parameters'' to read as
follows:
Sec. 437.42 Effluent limitations attainable by the application of the
best practicable control technology currently available (BPT).
* * * * *
(c) * * *
(1) * * *
BPT Limitations
------------------------------------------------------------------------
Maximum
Regulated parameter Maximum monthly
daily \1\ avg.\1\
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
Metal Parameters
------------------------------------------------------------------------
* * * * *
Titanium.......................................... 0.0947 0.0618
* * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).
* * * * *
0
h. Paragraph (d)(1) is amended by:
0
i. Revising the entry for ``BOD5'' in the BPT Limitations
table under the heading ``Conventional Parameters'' as follows:
Sec. 437.42 Effluent limitations attainable by the application of the
best practicable control technology currently available (BPT).
* * * * *
(d) * * *
(1) * * *
BPT Limitations
------------------------------------------------------------------------
Maximum
Regulated parameter Maximum monthly
daily \1\ avg. \1\
------------------------------------------------------------------------
Conventional Parameters
------------------------------------------------------------------------
BOD5.............................................. 163 53.0
* * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).
* * * * *
0
ii. Removing the following entries in the BPT Limitations table under
the heading ``Metal Parameters'':
A. Molybdenum.
B. Selenium.
0
iii. Removing the following entries in the BPT Limitations table under
the heading ``Organic Parameters'':
A. Aniline.
B. 2,3-Dichloroaniline.
0
i. Paragraph (e) is amended by removing the following entries in the
BPT Limitations table under the heading ``Metal Parameters'':
i. Antimony.
ii. Barium.
iii. Molybdenum.
iv. Titanium.
0
j. Paragraph (e) is amended by removing the following entries in the
BPT Limitations table, under the heading ``Organic Parameters'':
i. Aniline.
ii. 2,3-Dichloroaniline.
Sec. 437.44 [Amended]
0
17. Sections 437.44 is amended as follows:
0
a. In paragraph (b)(1) by removing the following entries in the table,
under the heading ``Metal Parameters'':
i. Barium.
ii. Molybdenum.
iii. Selenium.
0
b. In paragraph (b)(1) by removing the following entries in the table,
under the heading ``Organic Parameters'':
i. Aniline.
ii. 2,3-Dichloroaniline.
0
c. In paragraph (c)(1) by removing the following entries in the table,
under the heading ``Metal Parameters'':
i. Barium.
ii. Molybdenum.
iii. Selenium.
0
d. In paragraph (d)(1) by removing the following entries in the BAT
Limitations table under the heading ``Metal Parameters'':
i. Molybdenum.
ii. Selenium.
0
e. In paragraph (d)(1) by removing the entry for ``Aniline'' in the BAT
[[Page 71025]]
Limitations table under the heading ``Organic Parameters'':
0
f. In paragraph (e) by removing the following entries in the BAT
Limitations table under the heading ``Metal Parameters'':
i. Antimony.
ii. Barium.
iii. Molybdenum.
iv. Titanium.
0
g. In paragraph (e) by removing the following entries in the BAT
Limitations table under the heading ``Organic Parameters'':
i. Aniline.
ii. 2,3-Dichloroaniline.
Sec. 437.45 [Amended]
0
18. Sections 437.45 is amended as follows:
0
a. In paragraph (b)(1) by removing the following entries in the
Performance Standards table, under the heading ``Metal Parameters'':
i. Barium.
ii. Molybdenum.
0
b. In paragraph (b)(1) by removing the following entries in the
Performance Standards table, under the heading ``Organic Parameters'':
i. Aniline.
ii. 2,3-Dichloroaniline.
0
c. In paragraph (c)(1) by removing the following entries in the
Performance Standards table, under the heading ``Metal Parameters'':
i. Barium.
ii. Molybdenum.
0
d. In paragraph (d)(1) by removing the entry for ``Molybdenum'' in the
Performance Standards table, under the heading ``Metal Parameters.''
0
e. In paragraph (d)(1) by removing the following entries in the
Performance Standards table, under the heading ``Organic Parameters'':
i. Aniline.
ii. 2,3-Dichloroaniline.
0
f. In paragraph (e) by removing the following entries in the
Performance Standards table under the heading ``Metal Parameters'':
i. Antimony.
ii. Barium.
iii. Molybdenum.
iv. Titanium.
0
g. In paragraph (e) by removing the following entries in the
Performance Standards table, under the heading ``Organic Parameters'':
i. Aniline.
ii. 2,3-Dichloroaniline.
Sec. 437.46 [Amended]
0
19. Sections 437.46 is amended as follows:
0
a. In paragraph (b)(1) by removing the following entries in the
Pretreatment Standards (PSES) table, under the heading ``Metal
Parameters'':
i. Barium.
ii. Molybdenum.
iii. Selenium.
0
b. In paragraph (b)(1) by revising the entry for ``Antimony'' in the
Pretreatment Standards (PSES) table under the heading ``Metal
Parameters'' to read as follows:
Sec. 437.46 Pretreatment Standards for Existing Sources (PSES).
* * * * *
(b) * * *
(1) * * *
Pretreatment Standards (PSES)
------------------------------------------------------------------------
Maximum
Regulated parameter Maximum monthly
daily \1\ avg.\1\
------------------------------------------------------------------------
* * * * *
------------------------------------------------------------------------
Metal Parameters
------------------------------------------------------------------------
Antimony.......................................... 0.249 0.206
* * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm)
* * * * *
0
c. In paragraph (b)(1) by removing the entry for ``2,3-
Dichloroaniline'' in the Pretreatment Standards (PSES) table, under the
heading ``Organic Parameters.''
0
d. In paragraph (c)(1) by removing the following entries in the
Pretreatment Standards (PSES) table, under the heading ``Metal
Parameters'':
i. Barium.
ii. Molybdenum.
iii. Selenuim.
0
e. In paragraph (c)(1) by revising the entry for ``Antimony'' in the
Pretreatment Standards (PSES) table under the heading ``Metal
Parameters'' to read as follows:
Sec. 437.46 Pretreatment Standards for Existing Sources (PSES).
* * * * *
(c) * * *
(1) * * *
Pretreatment Standards (PSES)
------------------------------------------------------------------------
Maximum
Regulated parameter Maximum monthly
daily \1\ avg.\1\
------------------------------------------------------------------------
* * * * *
Metal Parameters
������������������������������������������������������������������������
Antimony.......................................... 0.249 0.206
* * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).
* * * * *
0
f. In paragraph (d)(1) by removing the following entries in the
Pretreatment Standards (PSES) table under the heading ``Metal
Parameters'':
i. Molybdenum.
ii. Selenium.
0
g. In paragraph (d)(1) by removing the entry for ``2,3-
Dichloroaniline'' in the Pretreatment Standards (PSES) table under the
heading ``Organic Parameters.''
0
h. In paragraph (e) by removing the following entries in the
Pretreatment Standards (PSES) table under the heading ``Metal
Parameters'':
i. Antimony.
ii. Barium.
iii. Molybdenum.
0
i. In paragraph (e) by removing the entry for ``2,3-Dichloroaniline''
in the Pretreatment Standards (PSES) table under the heading ``Organic
Parameters.''
Sec. 437.47 [Amended]
0
20. Section 437.47 is amended as follows:
0
a. In paragraph (b)(1) by removing the following entries in the
Pretreatment Standards (PSNS) table, under the heading ``Metal
Parameters'':
i. Barium.
ii. Molybdenum.
iii. Selenium.
0
b. In paragraph (b)(1) by revising the entry for ``Antimony'' in the
Pretreatment Standards (PSNS) table under the heading ``Metal
Parameters'' to read as follows:
Sec. 437.47 Pretreatment Standards for New Sources (PSNS).
* * * * *
(b) * * *
(1) * * *
Pretreatment Standards (PSNS)
------------------------------------------------------------------------
Maximum
Regulated parameter Maximum monthy
daily \1\ avg.\1\
------------------------------------------------------------------------
* * * * *
Metal Parameters
������������������������������������������������������������������������
Antimony.......................................... 0.249 0.206
* * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).
* * * * *
0
c. In paragraph (b)(1) by removing the entry for ``2,3-
Dichloroaniline'' in the Pretreatment Standards (PSNS) table, under the
heading ``Organic Parameters.''
0
d. In paragraph (c)(1) by removing the following entries in the
Pretreatment Standards (PSNS) table, under the heading ``Metal
Parameters'':
[[Page 71026]]
i. Barium.
ii. Molybdenum.
iii. Selenium.
0
e. In paragraph (c)(1) by revising the entry for ``Antimony'' in the
Pretreatment Standards (PSNS) table under the heading ``Metal
Parameters'' to read as follows:
Sec. 437.47 Pretreatment Standards for New Sources (PSNS).
* * * * *
(c) * * *
(1) * * *
Pretreatment Standards (PSNS)
------------------------------------------------------------------------
Maximum
Regulated parameter Maximum monthy
daily \1\ avg.\1\
------------------------------------------------------------------------
* * * * *
Metal Parameters
������������������������������������������������������������������������
Antimony.......................................... 0.249 0.206
* * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).
* * * * *
0
f. In paragraph (d)(1) by removing the following entries in the
Pretreatment Standards (PSNS) table under the heading ``Metal
Parameters'':
i. Molybdenum.
ii. Selenium.
0
g. In paragraph (d)(1) by removing the entry for ``2,3-
Dichloroaniline'' in the Pretreatment Standards (PSNS) table under the
heading ``Organic Parameters.''
0
h. In paragraph (e) by removing the following entries in the
Pretreatment Standards (PSNS) table under the heading ``Metal
Parameters'':
i. Antimony.
ii. Barium.
iii. Molybdenum.
0
i. In paragraph (e) by removing the entry for ``2,3-Dichloroaniline''
in the Pretreatment Standards (PSNS) table under the heading ``Organic
Parameters.''
[FR Doc. 03-31346 Filed 12-19-03; 8:45 am]
BILLING CODE 6560-50-P