Document J314XoKL9mxgvo12e8Or9NeQB

< S FRIDAY, JULY 23, 1976 *r PART IV: ENVIRONMENTAL PROTECTION AGENCY WATER PROGRAM Proposed Toxic Pollutant Effluent. Standards for Polychlorinated Biphenyls _ HONS 059840 30488 PROPOSED RULES - - '7 ENVIRONMENTAL PROTECTIONS ufacturers of PCBs and manufacturers the Inherent limitations or point sours AGENCY of transformers and capacitors who use- dlschargfi-.control. towards the degree of [40 CPU Part 129] . `PCBs and who discharge directly Into protection for aquatic and other orga tbe navigable waters. Standards are es nisms and human health envisioned [PM, 8SS-6) tablished for both existing and new under the Act. and are technologically WATER PROGRAM sources. Owners and operators of facU-- . achievable by Industry. The Agency will . lUes which discharge into publicly owned continue'to review the standards estab Proposed Toxic Pollutant Effluent - - treatment works, as defined In section lished ui this rulemaking u additional Standard! for Polychlorinated Biphenyls- . 212 of the Act (sometimes referred to as data become available to determine Nolle* U hereby given that tha En-. "Indirect dischargers"), are not covered, whether further protection, including vironmental Protection Agency, pursuant by the standards herein proposed. How more stringent standards. Is necessary lo the Authority contained in section ever. the Agency will propose pretreat and feastce. SOT i (i i or the Federal Water Pollution ment standards in due course for such in Control Act (the Act) as amended by direct discharges pursuant to the authe Federal Water Pollution Control Act thortty contained in section 307(b) of the- I. Background . A. PCI* m THt ENVIRON KENT Amendments of 1973 (Pub. L. 92-500. 88 Slat. 918. 39 U.B.C. 1281 at aeq.>, pro poses additional sections to Part 129. set ting forth proposed effluent standards for polychlorinated biphenyls (PCBs). On June 10,1978, the Agency propoeed a new Part 129. setting forth proposed effluent standards for the following toxic pollut ants: aldrtn/dieldrin. DDT (DDD, DDK), Act following proposal of these stand PCBs are a class of organic compounds ards. . manufactured by 'the chlorination of The term polychlorinated biphenyls re biphenyl with anhydrous chlorine using fers to a family of organic chemicals iron filings. or ferric chloride as a cata which have been produced and marketed lyst. The biphenyl* molecule has s total In this country for approximately 48- of ten carbon-hydrogen bonds at which years. These organic chemicals are syn chlorine substitution can be accommo thetically made and consist of a number dated la the manufacture of PCBs. any of chlorinated biphenyl Isomers. They are where from one to ten chlorine atoms ndrtn and toxapheoe, 41 f.r. 23578 et highly stable compounds and are used may be located on the biphenyl molecule. seq. On June 30. 1978. the Agency pro primarily as dielectric and heat transfer Depending upon the location of these posed effluent standards for benzidine. 41 fluids, though they have other usee as substitutions, theoretically as many as F.R. 27012 et seq. Those nve pollutants, well. PCBs have been conclusively de 209 separate compounds, or Isomers, of ns well as polychlorinated biphenyls monstrated to produce lethal and suble- the chlorinated biphenyl family can be (PCBs). were Included on a list of toxic thal toxic effects at low dose levels upon manufactured. pollutants previously published by the Agency pursuant to Section 307(a)(1). a wide range of fish, mammals, and other wtlclUfe. and have also demonstrated ad The PCBs manufactured by Monsanto are marketed under the trade name 38 F.R. 24342 et seq. (September 7.1973). verse health effects to humans. Moreover, Aroclor. followed by a four dlslt num Section 307(a) (2) of the Act provide* os follows: . WUhla one hundred and eighty day* after tha data of pubUoatloa of any Uet, or revision thereof, mounting toils pollutants or oom- blnatloa of pollutants under paragraph (t) of this aubeeotton. the Administrator, lo ascordaoee with section 859 of Title 8 of the they are highly mobile and persistent In the environment and bioaccumulate greatly in tissue. The sole manufacturer in the United States, Monsanto industrial Chemicals Company, currently produces approxi mately 40 million pounds of PCBs per year. Imports of PCBs currently amount ber. with "biphenyl" represented by the first two digits "12". and the approxi mate chlorine percentage represented by the second two. Thus. Aroclor 1242 b a mlxtura containing approximately 42 percent chlorine. The principal Aroclors which have been marketed over the post decade by Monsanto are 1221.1232. 1242. United SUtaa Code, ehall publish a proposed to about 0.4 million pounds per year. 1248, 1254 and 1280. although at thb eluent itaadard (or prohibition) for aueh Since 1970 Monsanto has voluntarily time there b no active marketing of 1232. pollutant or combination of polluunts which restricted Its domestic sales of PCBs to 1248 or 1260. Xn addition. Aroclor 1016 haU take Into amount tha toxicity of the poUuunt, ita peretatenoe. degradabuity. the usual or potential presence of the affeetsd organisms la any watera, the Importance of the affected organism* and the nature and estent of the effect of the toxto pollutant on use In transformers and capacitors (closed systems). Consequently Monsan to and the manufacturers of transform ers and liquid-filled capacitors ore sig nificant sources of further contamina (an exception to the previously identified nomenclature system) b being marketed, and bears approximately 41.3 percent chlorine. For an extensive discussion of the chemical and physical properties of much organisms, and be shaU publish a ao- tion or potential contamination resulting PCBs. see Os Hutstnger. S. Safe, and V. ttoa for a public hearing on aueh proposed from the discharge of domestically man Zltko. "The Chemistry of PCBs." CRC eundard to be haM within thirty days. Ac aeon m possible after aueh bsnriag.'bvt net tetar tban sU months after publication of tbe propoeed effluent atandard (or prohibi tion |, tinl aae eae Administrator flnda. os Uie ufactured PCBs into the aquatic envi ronment. The propoeed standards include a pro hibition on discharge of PCBs by any Press. 1974. The unique physical and chemical properties of PCBs include low vapor premure at ambient temperatures, re reoord. tbat a modulation of such proposed FCB manufacturer. With respect to any sistance to combustion, remarkabis standard (or prohibition) la Justified based manufacturer of transformers or capac chemical stability, high dielectric con upon a preponderance of evtdenoe adduced itor*. a prohibition of any PCBs in any stant and high specific electrical resistiv at such bcarlogi- tucb staadacd (or prohibit- effluent discharge of process wastes is ity and low water solubility. At the same lion) abaU be promulgated. . proposed, with limited exceptions, and an Urn* PCBe are lipid soluble and hence The regulations propoeed at this time average dally concentration limit per the potential for absorption into ratty establish affluent standards for manufac turers of PCBs and manufacturers of transformers and oapaclton which con tain PCBs. Standards are propoeed for both existing and new sources. The following, together with the ma terials and information hereinafter re ferred to and Incorporated by reference, sets forth the basis and purpose of the month of 1 mg/1 Is propoeed for sny other discharge. For new sources, s prohibition on discharge of PCBs in process wastes in conjunction with an average dally concentration limit per month of 0.1 Mg/1 for other discharges Is proposed. Regulation of discharges under the Act cannot, by Itself, guarantee an ample margin of safety for all organisms and human health even If all point source tissue and into the liver b high. Thus once Infested PCBe are retained by most organisms rather than excreted. The qualities of persistence which make PCBs useful for many Industrial pur pose# greatly aggravate their potential for harm in the ecosystem. Although the principal uses of PCBe today are In "closed" electrical systems (transformers and capacitors). PCBs effluent standards proposed at this time. dischargee were prohibited, in light of have been used over the yean for a 3TTMMART Or PRXlfCX?JU. FtATVXSS AlfO Dnxmi or TJtx Proposed Riouiatioks the serious environmental problem which already exists. Data available to the Agency indicate that the standards pro variety of more "open" uses resulting in greater direct contamination of the en vironment. These other uae include aa Tha regulations here proposed would posed at this time will however result additive la Investment casting wexea, establish effluent standards for all man In maximum feasible progress, within lubricant additives, hydraulic and com- FE08RAI BtGISTfR, VOl, 41, NO. M3--*RI0AY, JUlf 23, 14?* hONS 059841 PROPOSED RULES 30469 - pressor fluid, carbonless copy paper; cologlcal data concerning PCBs, 41 FA at the conclusion of the hearings that plasticisers, palnCe, beat exchange fluids, 8409. FDA has also banned PCBs for use the record did not contain sufficient evi certain types of paper and sealants. Moot in food and feed processing. dence on which to promulgate responsible of these uses have been substantial!? The American National Standards In and defensible standards. Accordingly, curtailed, but the PCBs which have stitute has Issued guidelines for Industry the Agency decided to gather . entered the environment as a result of on the use, disposal and labelling of data and repropose Its standards, sup i.liese uses, and which continue to be PCBs, and is currently considering more ported by an expanded data base. The placed la the environment, will be there extensive guidelines for the handling, standards proposed at this time thus su i',>r many years. Some of thsse uses are servicing and disponing of existing equip persede the PCBs portico of the proposal resulting In effluent discharges which are ment containing PCBs. of December 27, 1973. not subject to the standards proposed at mis time owing. to insufficient data. As such data become available, however, the Agency expects to take appropriate measures to control such dischargee pur suant to the Act or other applicable statutory authority. It is estimated that over the past 48 years approximately 1.4 billion pounds of PCBs have been produced in the United States, of which 1.28 billion have been used in this country and the balance ex The General Services Administration (GSA) has banned PCBs In carbonless copy paper purchased by the Federal government and the Department of the Interior (DOI) has prohibited the use of PCBs in offshore oil operations. The Environmental Protection Agency (EPA) has proposed regulations pursuant to section 311 of the Federal Water Pollu tion Control Act to control spills of num erous Identified hazardous substances, including PCBs. These regulations are The Agency's decision to gather addi tional data and to repropose standards was discussed at considerable length in the Preamble to the Notice of Proposed Toxic Pollutant Effluent Standards for Aidrln/Dieldrin, DDT, Endrin and Toxa phene, published in the Pzdixal Rtornsa on June 10. 1976. 41 FR 23576. to which the reader is referred and which is here by Incorporated into this PCB statement of basis and purpose by reference. ported. Of this 1.28 billion pounds, ap intended to establish reporting require n. TMi Pioposzd Standards proximately MO million pounds have been used in electrical equipment. In ad dition. It is estimated that only approxi mately 80 million pounds have degraded, ments, to establish harmful quantities, and to fix civil penalties for spills. The Agency further anticipates use of Its au thority under section 311 to require GzimtAi. provuions The notice of proposed rulemaking published on June 10, 1978. proposed that 780 million pounds are presently In industry to prepare spill prevention con provisions of general applicability to ail service, and that 460 million pounds are trol plans. standards Issued under section 307(a) in landfills (ostensibly as a result of dis The Agency, in October. 1978, issued These were set forth as It 129.1 through posal) and In air, water, soil and sedl- in draft form a set of water quality cri 129.8. Those Sections are promulgated' mente. teria pursuant to section 304(a) of the will be applicable to standards estab In contrast, It Is estimated that dis chargee to the aquatic environment each year from the approximately 37 manu facturers of capacitors and transformers, plus Monsanto, probably do not exceed 10,000 pounds, with direct discharges from these sources accounting for less than one-third this amount. Although efforts to reduce substantially and even tually eliminate this source of environ mental contamination will have a rela tively minor effect on the overall FCB problem ae It currently exists, such efforts are likely to have a more signif icant impact in reducing future environ mental contamination and In alleviating the specific environmental problems in the immediate receiving waters. Conse quently the Agency believes that the Act recommending maximum permissi ble concentrations in the ambient water for numerous pollutants. Including PCBs. The concentration level proposed at that time was 0.001 pg/l for PCBs. That docu ment is currently being reviewed prior to final publication. On April 1. 1976, the Agency issued recommended procedures for disposal of PCBs by industrial users, pursuant to section 204(b> of the Solid Waste Dis posal Aet, 41 FR 24134. On July 9, 1973, the Agency published In the Pxdibal Riqzstsr a proposed list of nine toxic pollutants pursuant to sec tion 307(a) (1) of the Act, 38 FR 18044. The nine substances were: aldrin/dieldrin, benzidine, cadmium, cynanlde, DDT (DDD. DDE), endrin. mercury, polychlo lished hereunder for polychlorinated biphenyls. Owners and operaton of facil ities which are or may be subject to the standards proposed herein are exnreesiy referred to that notice of proposed mie- , making for provisions relating to scope and purpose, definitions, abbreviations, ' compliance procedures (including noti fication to the Regional Administrator or State Director of an approved NFDES permit program, as appropriate). of any discharge subject to these standards, re quirements end procedures for estab lishment of a more stringent effluent limitation than that established in these proceedings, and compliance date. Tin Standards fox Poatcslobxnated Biraimj ~- standards proposed at this time will con rinated biphenyls and toxaphene. Follow In the notice of proposed Toxic Pollut stitute an important element in the over ing receipt of public comment, the list ant Effluent Standards published June all effort to reduco end ultimately elimi was promulgated on September 7. 1973, 10, 1979, standards were proposed for nate any further addition of PCBs to the together with a discussion of the Agency's aldriiudUldrtn, DDT (DDD. DDE). en environment. selection criteria and a response to com drin and toxaphene In Sections 129.100 B. PRIOR MOPIATORT ACTION AND RSIATSD EFFORTS TO RIDOCt EWVnomnNTAL EX- POStTRS ^ ments received on the proposed list. 38 FR 24342 et seq. The promulgated list consisted of the same nine substances previously proposed. through 129.103 respectively. In addition, the Agency has proposed to add a new I 129.104 containing effluent standards for benzidine, 41 FR 37012 (June 30 Because of the demonstrated toxicity On December 27.1973. the Agency pro 1978). 1 of PCBs and the human health threat posed by ingestion of PCBs through the food chain, the Pood and Drug Adminis tration (FDA) of the Department of posed toxic pollutant effluent standards for each of these nine substances, to gether- with a summary of the factors considered In setting the standards, and The standards proposed herein would add a new Section 129.108 to provide coverage for PCBe Tor new and existing sources in the following industrial cate Health, Education and Welfare estab lished temporary tolerances for PCBs In food pursuant to the Federal Pood, Drug iind Cosmetic Act. 21 CFR 122.10 (July 9, i0'3). These tolerances included, for ex ample. 5 parts per million (ppm) in the edible portion of fish and sheUAsh, 2.8 tiptn in milk and dairy products. 8 ppm hi poultry, 0.8 ppm In eggs and 0.2 ppm m infant and Junior foods. On Febru ary 28. 1976, FDA announced that It is nriively considering a lower temporary (iterance lor fish in light ot recent toxi- a list of point source categories of dis charges proposed for coverage. 38 FR 35388 et seq. In accordance with section 307(a) (2) of the Act. a formal rulemak ing hearing on the proposed standards was scheduled. A prehearing conference was held on January 28, 1974, followed by a thirty day evidentiary hearing held during April and May. During the course of those hearings, which were held under severe time constraints, the Agency be came aware of certain gaps in its data base. As a reeuit, the Agency determined gories: Mamffacturers of PCBs. manu facturers of transformers, and manufac turers of capacitors. Coverage Is pro vided for both new and existing sources, and for purposes of these standards, e new source U defined as any source on which construction is begun following the date of this proposed rulemaking, if standards are subsequently promulgated pursuant to this proceeding. The Agency's data indicate that these stand ards win cover at least three piance manufacturing transformer*. an<s a: lev* F6DflAl IfCISTK*. VOl. 41, NO. 143--FtiORV, JULY 23, 1974 HONS 059842 30470 PROPOSED RULES seven plant* manufacturing capacitors, ail of which ara existing; direct dtacharien. Each section Include* specialized definitions of the point source category covered and prescribes acceptable analyt ical methods, in addition, provision is m:ule lor determination of weights and concentrations. In cases where a dis course is allowed, the staudard wui be specified as an average monthly concen tration limit and a maximum concentra tion at any time. In developing the standards proposed herein the Administrator has given care ful consideration to each of the factors enumerated In section 307(a) (2). These factors include "the toxicity of the pol lutant, its persistence, degradability, the usual or potential presence of the af fected organisms In any waters, the Im portance of tha affected organisms and the nature and extent of the effect of the toxic pollutant on such organisms.'' In llsht of the Act's manliest concern for public health, which is reflected both in the statute and the legislative history, the Administrator has also considered available data concerning human health effects attributable to PCBs. The data considered by the Administrator relating to these factors of toxicity and environ mental effect an set forth in a "Criteria Document.** The Agency was assisted in the preparation of this criteria document by Ian C. T. NUbet, Pb.D . of the Massa chusetts Audubon Society, a nationally recognized expert on the toxicology of PCBs. This document Is hereby incor porated by reference as a part of the statement of basis and purpose for the standards hereinafter proposed. In addition, the Administrator has considered the availability of various methods of control and related technol ogy by which discharge of PCBs might be eliminated or reduced. Bis authority to consider technology as well as eco nomic impact is discussed In detail In the preamble portion of the Notice of Pro posed Toxic Pollutant Effluent Standards published on June 10, 1978, to which the reader is referred. In order'to obtain relevant data for this function, the Agenoy engaged the services of. Versar Inc* of Springfield, Virginia, who are . recognised experts in the study of wastewater treatment tech nology and the control of pollutants emitted by industrial sources. Versar Inc. hits prepared and submitted a report to the Ageney concerning Industrial dls- charje of PCBs and the assessment of wastewater management and treatment technology. Including technologies which nre actually Is use or which are or may ;^e available to industries to control or r! Iminata the discharge of PCBs. Thla re port 1j entitled "Assessment of Waste water Management. Treatment Technol ogy. and Associated Costs for Abatement of PCS Concentrations in industrial Ef fluents." nnd is hereby Incorporated by reference os a part of the statement of hauls and purpose of the standards here in proposed, along with a supplement thereto entitled TCBs Water Elimtn*- tlon/neductlon Technology and Associ ated Costs. Manufacturers of Electrical Capacitors and Transformers; Adden dum to Final Report, Task n." Coplea of the aforesaid criteria docu ment and reports and supporting mate rials, as well as other materials which form a part of the basis and purpose for these standards and which are listed on Appeadlx A below, are available lor pub lic inspection and copying at the U S. Environmental Protection Agency. Pub lic Information Unit, Room 2922 (EPA Library). 401 M St., SW.. Washington. D.C. 20400, during normal business hours. Copies of the criteria document and technology report and supplement may also be inspected and copied at libraries In each of the 10 EPA regional ofBcee.' The approach utilized In arriving at the standards herein proposed may be generally stated as follows. First, because the most important ele ment in setting the standards is the toxicity considerations enumerated in section 307(a)(2), the starting point !* the development of the criteria docu ment, which seta forth extensive data with respect to the environmental effect* and behavior of PCS*. A principal ob jective of the criteria document la to seek to arrive at an ambient level of PCBs based upon the data which will provide an ample margin of safety for all Impor tant aquatic organism* and others up the food chain, including man, who may become exposed to it. This ambient wa ter criterion la expressed a* a concentra tion of the pollutant In the water In term* of micrograms per liter (m/1) (I M*/=ne part per billion). For sub stances such as PCBs where the data in dicate that chronic toxic effects may oc cur at extremely low conentrations. it become* virtually Impossible to state with confidence that any number above zero provides an ample margin of safety for mam In such eases any criterion level chosen should be appropriately qualified to reflect these circumstances. The toxicity data used in developing these proposed standards were derived from laboratory studies as well a* field observations on the effects and behavior of PCBs. These studies have been con ducted on a variety of organism* includ ing Invertebrate, vertebrate, and mam malian test speclee. and are well docu mented In the scientific literature. These studies provided extensive acute and chronic toxicity data baaed primarily on-feeding experiments for a wtde range of aquatic organisms and consumers of aquatic organisms. Studies documenting bioaccumulation In the food chain organisms and bk>concentmtlon by organisms directly from the water provided an Important additional component date base. Appro priate human toxicity data and studies ' The Agency also Intends that the criteria document and technology report nod supple ment be made available through the Haetonal Technical Information Seme* in Sprtngfletd. Virginia. of mammalian, carcinogenesis, where available, were also considered, os were data on persistence and degradability. Data on toxic effects of pollutants ore not available for all species that may be exposed to toxic pollutants in the com plex ecuaysieoL. Thera is a vast number of species throughout the entire ecosys tem. and it would be Impractical to try to gather test data on every one. or even most of them. Because such data are not available on all species, the range of sen sitivity of a smaller number of tested species is used to provide a measure of the range of sensitivity of all species. The Agency's criterion for PCBs is based upon a wide range of toxicity data for i phylogenetic cross section of organisms as well as species representative oi a wide geographic distribution. Section 307(a) requires consideration of the Importance of organisms likely to be affected. Ecological Importance of an organism Is dependent on the role the organism plays within the ecosystem and upon its relationship to the food chain within the aquatic community and the consumers of aquatic life, including man. Thus, toxicity date for the carnivores at the top of the food chain in a given eco system. as well as economically impor tant species such as crout, salmon, men haden and shrimp are properly consid ered in the development of a protective criterion level. Toxicity date for orga nisms such as diatoms, crustaceans and aquatic Insects are also important *ince these organisms are a food base for higher consumers and are representative of plants and invertebrate species found In most waters of the United States. On the basis of the foregoing date, a concentration level is sought which, tt is believed, will provide that degree of safety required by the Act for all Impor tant organisms likely U> be affected by tt assuming a continued or chronic pres ence of the pollutant at that level in the water. In the case of PCBs. as dis cussed below, thle proved to be an ex tremely difficult task In view of the al ready dangerously high levels of PCBs in some water bodies. After arriving at an ambient water criterion, the Agency examined feasible control technology to ascertain what concentration levels industrial discharg ers might be able to achieve in their efflu ents. the availability of substitute prod ucts for PCBs. and other factors rele vant to the setting of standards. This process ts discussed more specifically below (see "Rational* for Standard"), after the following summary of the Agency's consideration of the availabledata base. (1> Crrmpositton, chemical nnd phys ical characteristics of PCBs. The com mercial mixtures of PCBs have been rea sonably well characterized. Each mixture contains 10 to 20 major component* ar.d a number of minor components; more than 80 of the 209 chlorinated biphenyl <CB) Isomers have been identified in the commercial mixtures. After release into the environment the constitution of the mixtures changes as some component.* are degraded while others persist. Since HQt*Al BfOISTfH, VOC 4, NO. MS--f*IOAT, JUIY 13, 1 V?4 MCNS 059043 PROPOSED RULES C0471 some component* ore more toxic than The raw wastee from the manufactur others, this complicates tbs evaluation ing area at Monsanto consist of the of the hazard* posed hr environmental residue*. Highly toxic Impurities, polychlori nated dlbe&sofurans (PCDPs>. ars pres liquor from the scrubber, the condensate from the steam Jet ejectors, water used for showers and eye^atha, miscellaneous floor waeh drains, waste oil collected in ent la small quantities Is the rang* of drip pans sod drums, and so-called 1 u> .13 milligrams per liter (mg/li la "montars" which are the bottoms from most commercial mixtures Products their stills. The composition and quanti manufactured oversea* frequently con- ties of the individual waste streams ore (Ain more PCDPs than American-made not monitored. All effluent streams gen Aroclor mlxturee. There la evidence that erated Is the manufacturing area are PCDFs may bs formed from PCBa both collected In sumpa located In this area. in service, and la the environment bp Reportedly the aqueous dischargee photochemical and metabolic processes. amount to 750 ug/1 PCBa in 0.433 million Accordingly. the toxicity of PCB mix- gallons per day ("MOD") or 2.7 lb/day. tuiea la variable and environmental resi The raw wastes generated In the incin dues ore sometimes more toxic than erator area at Montanso consist of the freshly manufactured products. However. venturi scrubber liquor and the waste It Is not possible to separate the toxic phase from the oil-water separator sump. effects of PCDFs and PCB* satisfactorily, Reportedly the aqueous discharges from vnri the environmental hazards of both this area amount to 15 ug/1 PCBs in must be considered together. 0.288 MGDor0.38 lb/day. The total plant PCBa are viscous liquids or waxes. They uses a minimum of 0.369 MGD of water are freely soluble in organic solvents and principally for cooling and a maximum In Uplde (fatal, but have very low solu of 380,000 lbs of steam. bility In water. In general, those PCB* In addition to the aqueous discharges. with fewer chlorine atoms per molecule It he* been estimated that about 28 lbs. an more soluble In water and more vola of scrap oil and "monstar" are produced tile than those with greater chlorine per ton of PCS produced, that about Bft atoms per molecules. Accordingly, the lbs of PCB in contaminated solids per ton mlxturee are differentiated during vola of PCB produced are landfilled dally and tilisation and solution, the lower CBe that less than 1 Ib/day of PCBs is lost being more mobile. PCB* ere strongly as air emissions. adsorbed onto surfaces and particles. In the aquatic envtroomaat their behavior (*) CASACZTOS MAirPTACTUIUJK. Is often controlled by the presence and There are nineteen plants operated by movement of sediments. seventeen companies manufacturing PCB (2) Relevant w and wastewater impregnated capacitors in the United characteristics--(A) Manufacturing of States. At the present time approx PCBt. The sole domestic manufacturer imately 98 percent of all Liquid-Ailed of PCB* Is the Monsanto Industrial capacitors manufactured In the United Chemicals Company (`Monsanto") > States are of the PCB impregnated type. whoso manufacturing operation* are The two most frequent applications of conducted at Its William Q. Kruramrich these capacitors are for phase correction* plant in Bauget Illinois. Aroclor* 1231 on power Una* connected to electrical and 1018 are used by capacitor manu motors and for use as ballast for fluores facturers as dielectrics. Aroclors 1243 cent lighting systems. The PCB usage in and 1284 are used aa principal ingredi this category was approximately 22,000. ents in formulating the Aakareta used 000 lbe. la 1974 with most of this being by transformer manufacturers. Aroclor 1018.- At least seven of the nine Monsanto discharge* its effluent to teen capacitor manufacturing plant* the Saugst POTW. and therefore Is not have direct discharge* to the navigable covered by the standards proposed at this waters and are therefore covered by the time. The Agency expects In due couras standards proposed at this time. to propose pretreatment standards ap Most plants manufacture either large plicable to this fsclUty and to any other pffwer capacitors or small Industrial type facility which may in the future ihanu-. units but not both. The large capacitors facture PCBa. A brief discussion of Mon are cither flood filled or manifold filled. santo's operations and wastewater All small capacitors are flood filled either characteristics la appropriate hare, how In a vacuum tank or la on automatic ever, in view of the fact that standards "carousel" arrangement. are proposed *t this tune for direct dis The raw wastes originating from th*se chargers for the PCS manufacturing plants consist of scrap PCBs collected category for existing end new sources, Monsanto's ability to achieve tro direct in sumps, drums and drip pens; con taminated vacuum pump oils: the frac discharge was also considered in propos tionator bottoms from the trichloroethyl ing these standards. , ene recovery; the oaustla bath used at TV.e Krummrtcft plant has a design some plants, for purposes of paint strip capacity to produce 48 million pounds of ping; spent detergent wash and rinse PCB* per year, to 1074, Monsanto pro water from capacitor or component duced 40.486.000 pounds, of which 34, cleaning operations: rinse water used in 406,000 pounds were sold domestically. Approximately two-thirds of 1974 domes tic sales were of Aroclor 1010 with most of the remaining production evenly th* welding and plating operations; steam condensate from Jet ejectors: the seel water used In vacuum pumps: water divided between Aroclors 1243 and 1384. used In phosphstizing and fluoride bath; Only amah quantities of Aroclor 1231 water spray used in pslnt booths; boiler were produced. blowdown; and cooling tower blowdowns. effluents from plants In this category rang* between 2J00 gallons per day to 1.38 MOD. These effluents ore discharged into the navigable waters or are intro duced Into POTWs without any treat ment directed toward PCB removal. Ef fluent information obtained for 14 plants Indicated that average effluent PCB con centrations ranged from less than 19 nKl to more than 6.000 #g/L Average mass emissions ot PCBs from these plants ranged from lass than O.Ot ib/day to. nearly 2.5 Ib/day. fc) TRANSFORMER BCAHUTACTCtJNG There axe eighteen transformer pleats operated by thirteen companies which manufacture transformers using PCBcontalnlng Askarel dielectric fluids. Askarel transformer oils ere blends of 60 to 100 percent Aroclor 1234 or 1242 and trichlorobenzene. This type of trans former constitutes only five to ten per cent of these plants' transformer manu facturing volume: The remaining manufacturing volume uses mineral oil as the dielectric fluid, sad there is soma manufacture of air-cooltd or gas-cooled transformers as well. Askarel trans formers art used whm other types ore unsatisfactory because of design limita tions or where flommoMll^ la a prob lem. The PCB usage In this tatigary was approximately 12.000,000 lbs 1b 1974. At least three of these plants have direct discharges and are therefore subject to the standards broposed at this time. There are two principal types of trans formers produced: electrical distribution transformers which are used to step down voltages, and power transformer* which are primarily used to step up volt ages. Distribution transformer applica tions lncluds use in networks, pad- mounted and pole-mounted, and special precipitator power supplies located tn cloeed proximity to hot gas stacka Quantities of Askarel used In trans formers of this type range from 500 to 8,000 lbs each. Many of these trans formars have provision* for venting with spring loaded venting devices or dia phragm rupture disco. Askarel power transformer applica tions Include use In primary and second ary substations, industrial furnaces, rec tifiers, roll transportation, and forreact ance end grounding functions. Quanti ties of Askarel used In transformers of this type range up to 19.000 lbs. Various tiansiormer assembling and filling procedures ore being practiced throughout the Industry. In general, the transformer assembling and filling oper ations consist of a Dredrylng step for re moving moisture from the transformer Interiors, several stages of Askarel flUlng and topping, addition ot electrical con nections and bushings, electrical tmtinf and sealing. Water is not sn esseotial component ot transformer manufacturing, in general, the process raw wastes from these plants consist of waste Askarel collected in sumpe or pons at the filling stations, contaminated vacuum pump seal oil. contaminated kereeene-like petroleum distillate, and contaminated Askarel used FtOftAl IIOUTH. VOL 41, MO. 143--MtlOAT. JUU 13, IVTft HONS C59844 3QI7`Z - PROPOSED HIRES' for transformer interior flushing. PCB most characteristic effects in rats are en milar in many respects to those observed wutM which retch weter streams tt largement of the liver, induction of hepa among the population contaminated in that plants are due to occasional loss tic microsomal enzymes and porphyria. the Yuaho incident. durlsi handling and residuals accumu Reproduction is adversely affected at (9) Persistence, mobility and degrad lated around drainage systems from past dietary levels at andrabove 20 parts per ability. PCBs have a long life in the envi operations when insufficient precautions were taken against PCB losaaa. Uosed on Information from five plants, effluents from plants In this subcategory million (ppm; 1 ppm is comparable to a liquid measurement o( l milligram per liter (1 mg/l)). Rhesus monkeys are extremely sensi ronment. often In excess of 25 years, but components with three or less chlorine atoms disappear rapidly. Mono-, di. and trl-CBs axe to some extent degraded or ranged from U.JOO gsl/dny to nearly IS tive to PCBs. which induce skin lesions metabolized by bacteria, but higher PCBs MOD. These effluents (predominantly and gastric ulceration. Monkeys exposed are resistant to microbial degradation. cooling water> are discharged- into the to 2.3 ppm suffered reproductive dysfunc Tetra-chlorlnated PCBs can bs metabo navigable waters or are introduced into tions and some died after exposure to lized by birds and mammals, but penta- POTWs without any treatment directed only 3 ppm. Adult female Rhesus mon chlorlnated PCBs are resistant and toward PCB removal. Average effluent keys fed 23 ppm of Aroclor 1248 not only higher CBs are metabolized onh) wry PCB concentrations ranged from less accumulated the PCBs in their adipoee slowly. Most environmental residues have than 2 wg/1 to nearly 30 g/l. Average tissue, but the PCBs were transferred been reported in the form of tetra and mass emissions of PCBs from these acroas the placenta of one female which higher chlorinated PCBs. plants range from less than 0.002 Ib/day gave birth and concentrated at high PCBs are mobile In the environment to nearly 0.1 lb/day. levels in the fat and adrenals of the in and are carried freely In the air and the (3) Toxicity. PCBs Inhibit growth and fant. water attached to airborne or water ceil division In certain specie* of phyto Mink ace also very sensitive to PCBs. borne particles. Conventional Incinera plankton (single-ceiled Aquatic plants). In one experiment, moet females died on tion and other disposal techniques do sot Some sensitive species are affected at a diet containing io ppm and none pro completely destroy PCBs. very low concentrations (0.1 Mg/1). The duced young at 3 ppm. In another test (7) Bioaccumulation and biomnariff- effects are particularly marked in mixed 0.84 ppm caused total reproductive fail catlon. PCBs are strongly concentrated cultures, where sensitive diatoms are re ure and a few deaths. ("bloaccumulated'1) from water into placed by resistant green algae. . (4) Careinogeneti*. On prolonged ex aquatic Invertebrates and flsh. Bloaccum- PCBs are toxic to aquatic insects, crus posure of rats and mice, PCBs cause a uiatton factors (concentration of PCBs in taceans, and other invertebrates at variety of morphological changes in the organisms r-ompared to concentration in concentrations down to a few Mg/i. Re liver, including hypertrophy, hyperplasia, water) for these organisms are com production and growth in aquatic in adenoflbrosts and nodular hyperplasia. monly Is the range of 20.000-274,000 after vertebrates are adversely Affected At At high does levels (100 ppm and above) prolonged exposure in the laboratory concentrations as low as 0.*-0.5 Mg/1. PCBs Indue# hepatomas, neoplastic However, wnere measurements of con PCBs affect the settlement of larvae and nodule# and carcinomas In rates and mice centrations In natural watery are avail reduce the diversity of marine inverte and therefore pose a presumptive carcin able, bloaccumulatlon factors In flsh and brates communities at concentrations os ogenic risk to man. in one experiment. Invertebrates are generally larger than low AS 0.1 Mg/1. PCB-treatsd rats also displayed an in those measured in the laboratory. There PCBs are acutely toxic to eatuarlne creased incidence of pltuitery tumors. have been reports that certain animals nquatlo organisms. For Aroclors 1010, Metabolism of PCBs In mammals and captured from the aquatic environment 1342 and 1234. the 48-hour LC50 values birds proceeds primarily through arena have apparently bloaccumulated PCB* in for brown shrimp, pink shrimp, and grass oxide (epoxide) Intermediates, which are their flesh to levels of between .1 and 19 shrimp fall in the range between 0 and biologically active and believed to be million times that of the water concen 33 mb/1. In longer-term bloassays of two highly toxic and carcinogenic. PCBs also tration m which the animals were cap week# or more. Aroclor 1234 is toxic to have immunosuppressive effects in rab tured. It Is Important to not#, however, the commercially valuable penaeld bits and guinea pigs. In several experi that the level of PCB contamination in shrimp and grass shrimp at concentra ments treatment with PCBs has in the food of the captured aquatic life, as tions as low as 0-0 to 1,4 Mg/1. Arthropods creased the susceptibility of animals to well as the concentration of PCBs in are affected at 0.1 Mff/1. various diseases. which these organisms resided for the Rainbow trout have been killed by ex (5) Human haattlI effects. Humans oc predominance of their lile periods, are posure to Aroclor 1248 at concentrations cupationally exposed to PCBs sometimes unknown. of 3.4 Mg/l In 25 days, and by exposure suffer from an occupational disease Fish in Escambia Bay. Florida, had lo Aroclor 1280 at 5 m8/1 in 10 days. Spot known as chloracne, characterized by PCBs levels in their flesh 70.000 over and plnfish died when exposed for 14 to long-lasting skin lotions and sometimes the ambient water in which they were 43 days to 8 Mg/l of Aroclor 1254. The systemic disturbances. captured. PCB levels in the waters of longnoee kllllflah has been killed by long In a large-scale poisoning incident In Lake Michigan average around .01 Mg/l. term exposure to Aroclor 1204 at a con Japan in 1088. more than 1.000 persons However. PCB levels in flsh in Lake centration o11 Mg/l. became sick with Tusho disease after Michigan range in the 2 to 20 pom PCBi have advene effects on survival, ingesting rice oil contaminated with range, wet weight < 18-200 ppm. growth, and reproduction of fish at con both PCBs and PCDPx. Their symptoms lipid weight) indicating an apparent bio centrations as low as l *g/L In one eaee. were similar to those of occupational accumulation factor ranging up to at cam from flsh exposed to only 0.1 Mg/l failed to hatch after being placed in PCBfvee water. A variety of other eublethal t-exic effects nave been observed on a wide range of freshwater and marine fteh present in waters thouchout the countir, and these are set forth In detail In the Agency's criteria document for pcb*. PCBs generally have low acute toxicity to birds and mammals, but long-term dietary exposure leads to a variety of chronic toxic effects. Rats are relatively resistant to PCBs nod usually do not show the charocterle- !;<: lesions of the skin and stomach in chloracne. but also included hyperplg- mentatlon of the skin, persistent eye dis charge and gastric disturbances. Chil dren were affected not only by direct Ingestion of the contaminated oil. but also prior to birth by transplacental pas sage and in one case a child was contami nated by its mother's mUk. The af fected persons have improved only slowly since 1988 and there are already Indica tions of excess cancer incidence- The Rhesus monkey provides an Im portant indication for human sensitivity to PCBs and, as noted above. Is extremely sensitive to low levels of exposure. The least 2,000,000 in whole Ash. Levels of PCBs in some whale and seal blubber were found to be In excess of 1 million In the ambient water concentration in which the animals were taken. PCBs are further concentrated > bio magnified) from the food of birds and mammals Into their tissues, especially into their fat. Blomagnlflcatioo f.vtori >ppm in organisms/ppm in food) ara often in the range 1 to 10 after prolonged exposure in the laboratory, but art often ns high as 10 to 100 In wild animals and birds. Humans store PCBs In their fas more efficiently than any animal few deed in several other mammals. The symptoms following exposure appear si which precise measurement* b*v# bem FCOtlAl SIGHTS*, vot. 41, NO. 141--X*'OAV. JUU 33. HONS 059845 PROPOSED RULES 30473- mode. T%is lead* to treater, exposure to. senaltiva organs and tissues In humana than in exposed to the same con centrations of PCBs in the diet. The data indicate, in particular, that Aroclora 1018 rind 1242 are widely present in flab In the United States. This In turn leads to sub exposure of humans and other fl..h-eating animals. - i8> Ambient water criterion lar sheets rui natural systems. The foregoing sum- n'.ary briefly highlights the extensive "ample margin of safety'* for all organ isms under ail circumstances. However, the data do establish, at this time, that an ambient water quality level of .001 jg/l should not be exceeded. To assess risks to humans, the most critical toxic effects of PCBs are those observed In mammals at the lowest ex posure levels. These include: M) Mortality and reproductive failure In mink at a dietary level of 0.54 ppm. ril) Increased liver weight in weanling U;iU base set forth in the criteria docu rats In the second generation of animals ment. This data base demonstrates that exposed to- 1 ppm. and liver pathology PC3* poee a serious threat to a wide (including nodules) in the second gene range of aquatic and other food chain ration exposed to 20 ppm. organisms, as well as to human health, at (Hi) Stomach nodule* and ulcerations very low concentration levels. There ap in dogs at a dietary level of l ppznr pear to be some variations in the toxic Stomach lesions have also been reported effects for different isomers. Thus, the from other species including monkeys, more highly chlorinated isomers sppear pigs and mink. to be somewhat more persistent in the (It) Reproductive failure, dermal and environment, while the lower chlorin stomach lesions In Rhesus monkeys ex ated Isomers appear to be somewhat posed to 2.3 ppm and deaths at 3.0 ppm. more acutely toxic. These differences sre It) Increased activity of hepattc mi- relatively minor, since all Isomers which are significant constituents of commer croeomsl enzymes in rats fed at 0 5 ppm for 4 weeks. cial mixtures of PCBs are highly persist tvt) Carcinogenic effects in rats and ent and mobile tn the environment, and all Isomers display a degree of toxlci^ mice at dietary levels of 100 ppm and above. * which is a matter for grave public con cern. Moreover, the composition of PCB < vU) Apparent tncrease in Incidence of pituitary tumors In rats at dietary levels mixtures changes as they are transported, of 4 ppm and above. ` through the environment. There is also evidence that toxic metabolites, or break trill) Widespread presence of PCBs tn fish and other organisms regularly con down products, may be formed, so that sumed by humans. the chemical species distribution. In a AXT if these effects are relevant In water body-may not be the same as (ht weltfilng potential advene effects of species distribution of the substance dis PCBs ou human*. In particular., the charged. For all these reasons, there ap symptoms of poisoning la monkeys, in pears to be no sound basis for setting dif ferent criterion numbers or standards for different isomers, and accordingly, fits criterion and standards herein proposed are for PCBs generically. A criterion level of Q.QQl g/i would appear to avoid adverse effects to most squads organisms, based upon an an cluding dermal and gaetrlc lesions, are parallel to those observed in man; en zyme induction Is a basic biochemical effect which has been observed tn many speedes; carcinogenic effects in rodents are generally used to predict potential carcinogenicity tn humane. It is difficult to use the results of these alysis of both laboratory and Add data. experiments to establish acceptable levels This level is baaed primarily on the of exposure for humans: <ai Because blaaccumdtattoa properties of PCBs. many at the listed effects were reported Fish have ban shown to accumulate at the lowest dietary levels Investigated; PCBs by factors as high as 274.000 la the (b> because humans are opened for laboratory, while considerably higher much longer periods (including prenatal footers appear to occur in their natural exposure) than the experimental ani environments. Based upon a btoacoumu- mals; and (c) because humans are lation factor of 274.000 a concentration known to store PCBs In their tissues more of 0.001 *g/l oould result in blosocumula- efficiently than the* experimental ani tlon to 0.214 ppm In flesh, which is below mals. These data do, however, further the dietary levels which have been support the proposition that an ambient shown injurious to aquatic birds and water quality leral of .001 *g/I should mammals who may feed upon them. Za not be exceeded, and. beyond this, that addition, however, there ts evidence that every reasonable effort should be made to In 3ome waters some fish btoaceumulate limit dischargee of PCBs In order to mini al rates roughly ten times this, and la mise human exposure. waters where die chronic level generally <) Control technology available. At exceeds .001 sf/1, such as Lake Michigan, the present time there are no direct dis there u evidence of sublethal toxic ef charges of PCS* from a PCB manufac fects on the Ash. turer and thus no tn-piace technology to tn proposing this ambient water cri evaluate. The only U.S. manufacturer, terion the Agency recognizes the possi Monsanto, discharges to the Siutget. OU- bility that such water quality level may now FOTW. With respect to process not provide absolute safety tor all or waste effluents from PCBs users, water ganisms in all waters. Indeed there prob is unnecessary to the processes involved ably is no numerical concentration level la ths manufacture of Hguld-ftUed ca ;u*>ve zero which one can at this time pacitors or transformers. Consequently iii7 with great confidence provides an for process waste (with certain specified exceptions), a prohibition on discharge is achievable based upon currently avail able technology and handling methods. Based upon detailed plant Inspections and examinations of the process steps in the use of PCBs In the manufacture of capacitors and transformers it has been determined that the characteristics of these wastes are sufficiently similar so that the same kinds of control and treat ment technologies are applicable. The wastewater characteristics for manufacturers of capacitors and trans formers have been described above. Data available to the Agency Indicate that wa ter can be eliminated from moat if not all of the manufacturing-related processes, with the result fhat potential effluents can be sulScientiv reduced in quantity so that they can be incinerated or other wise disposed of so as to reduce greatly or eliminate any discharge of process wastes to the navigable waters. Where large volumes of water are used, treat ment and subsequent recycling can re duce quantities of unavoidable blow downs to amounts suitable for treatment by activated carbon and discharge or hr Incineration. With respect to capacitor manufactur ing wastes, the scrap PCBs collected la sump*, drums, and drip pans, as wadi as fractionator bottoms from trichloroeth ylene recovery, are small tn amount, and can bo Incinerated. The same la true for contaminated vacuum pump oils and any caustic baths used for paint stripping. With respect to capacitor and component cleaning operations, cleaning solvents rather than water can be used, and then incinerated following use. Water used tn phosphattztnr and fluoride baths by sorew plants can be eliminated, along with the entire process, by use of aluminum con tainers. Capacitor manufacturer* who use steel containers generally paint their products; which produces a waste remltfeig from water spray used to control paint par* tide* and fumea. Thla pm me can be eliminated through use of Minimum^ containers which need not be painted. If painting la nevertheless desired, effluent discharge can be avotded by us# of an air or electrostatic system Instead of a waterfall for trapping paint particles and fumes. Aqueous discharge from cooling tower blowdowns can be reduced by use of a re cycling system based on demtaeraltration or, alternatively, by incineration of blowdown. Any solid waste residue, which will not include PCBs, can be disposed of by landfill. Boiler blowdown, which Ls not likely to contain any PCBs, cm be sealed In drums and landfilled or treated by the activated carbon treatment system. With respect to transformer manu facturers. a* with eapaettor manufactur ing, all scrap PCBs collected in sumps or pans can be incinerated, contaminated vacuum pump seal oU, petroleum distil late, and askarei used for transformer lnterior flushing can also be incinerated. Each of these controls has been demon, sirsted by use by at least one at the covered plants. Ftoe*M mmi, voc ), no. ij--reioar, ;utr jj, tvrs HONS 0598<6 30474 PROPOSED RULES Several potential sources of process-re sufficient information was available to those permit proceedings are leas strin lated WMto may in some eases result la evaluate these systems. . gent than the limitations which would be fluents which oannot be avoided feasi (10) Economic Impact. The Agency required by these proposed standards bly in tbs near term: Rlneewater used tn recognizes that there may be significant under section 307(a). The Agency invites welding, painting or plating operations, costs and economic impacts associated comments on the comparative tech and scrubber and quench water from with the standards proposed at this time. nology, costs, and resulting economic im incinerator operations. The Agency h&A mode a preliminary as pacts associated with those limitations as These categories of process-related dls- sessment of costs and economic impact, compared with the standards hereinafter ( hurges, as well m non-process related which Is summarized below. Preliminary- proposed. If Interested persona believe vittuenU, including plant washdown, non coat. estimates, os set forth in the report that a modified standard Is preferable in contact cooling water, and runoiX from submitted by Verssr, Inc. (See Appendix that propned. they should take appro .stormwater or-spills, can be treated by A hereto, item 4). indicate that com priate measures to develop and enter into cnreon adsorption as described below. pliance with the proposed standards may the record the appropriate supporting It should be noted that EPA-sponsored result in additional costs of production data and information (see Public Par investigations have revealed that there equal to or greater than five percent of ticipation in Rulemaking Process. below > are no in-place processes being employed the selling price of the products 'trans (11) Rationale for standard In dis whereby dissolved or sorbed PBs in formers and capacitors), thus identifying cussing the establishment of sn ambient water streams are being either ex this regulation tentatively as a major water criterion number above, it was em tracted from those streams or destroyed action requiring the preparation of an phasized that a concentration of 001 within them. In general, these wests Inflation Impact Stateemnt (US) pur m*/1 should not be exceeded aad. tn addi streams contain concentrations of PCBa suant to Executive Order 11821. A more tion. that every reasonable effort should of leas than 1 g/l up to about 500 detailed assessment is currently being be made to limit discharges of PCBs m,,g/l with many instances occurring in prepared by the Agency, and will be ac order to minimize human exposure in the 10 to 50 ug/1 range. While several companied by an OS, if necessary. The deed the data suggest that to provide an or the plants neve practiced PCB segre- availability of these documents upon "ample raargtn of safety" for human gallon to keep1 the quantity of con their completion will be announced in health, and possibly for some other or taminated wastewaters as low as possible, the Fkdxmz. Rcgistss, and public com ganisms as well, an ambient water crl- none has installed full scale terminal ments thereon will be invited. These terlor far lower than .001 Mg/l may be re PCB removal facilities. documents, together with all public com quired, though at this time one cannnt The EPA through Its contractor. Verier. Inc., has identified s technology ments thereon which are received by the Hearing Clerk postmarked not later than confidently identify any specific number above zero. which will reduce the PCB concentration In wastewaters to 1 m*/1 or less aad which is capable of being Installed within one year. The identified system is based upon activated carbon adsorption, fol lowing primary treatment consisting of sedimentation, filtration, and skimming. The feasibility of achieving the l Mg/1 or ices level has been demonstrated in laboratory tests conducted cooperatively between Verear, Inc., and two activated carbon suppliers. Carborundum Com pany and XCX-U.9. The system consists of an equalisation-settling tank and mixed media filtration followed by car bon adsorption. FIoatables and sludges rram the equalisation-settling tank and spent carbon are disposed of by Incinera tion. Carbon adsorption has also been successfully used la full-scale operation to achieve removal of pollutants other than PCBs down to comparably low levels. Based on work performed cooperatively between Verear, Inc,, and Houston Re search on one system and Westgate Re search on another system. It was indi nted that systems employing osonatkm in oonjunotion with ultraviolet radiation ran be designed to achieve any desired effluent PCB concentration. Preliminary comparisons of ths capital costa between ihe osone-UV system and activated car bon system show at least a 100 percent thirty days following the aforesaid notice of availability of these documents, shall be made a part of the record of these rulemaking proceedings (see Public Par ticipation in Rulemaking Process, below). The standards are being proposed at this time prior to completion of the economic impact assessment in light of the order and decree entered by the United States District Court in Natural Resources De fence Council et at. v. Train, Civ. No. 2153-73, and consolidated esses, on June 9.1976, requiring proposal of these stand ards by July 14, 1978. The Agency's preliminary assessment of costs and economic Impact suggests that transitional Impacts may be signifi cant. The preliminary estimate of ths coat of compliance indicates aggregate capital costa tor ths direct dischargers ot S12 million and total annual costs of S7 million (based on a 3-year depreciation schedule). The annualhted costs repre sent S to 21 percent ot current selling prices tor transformers and 3 to 17 per cent for capacitors, the Indicated ranges resulting from tha types of transformers and capacitors produced. These costs may be of sufficient magnitude to induce clo sures of some small and/or marginal plants and conversion to substitute ma terials for others. It Is not certain that such conversions could be carried out In the one year allowed by the Act without At the present time, even If every poUit source discharge were prohibited. PCB.. concentrations in the water would remain for a long time not only above zero, but in some water bodies, above .001 ug/t. Moreover, since the capability does not exist presently to measure PCB concen trations below 0.001 Mg/l with any rea sonable degree of reliability, no useful purpose would be served In establishing a criterion number below this. In light of the foregoing considera tions, the Administrator has weighed carefully the desirability and feasibility of imposing a prohibition on toy dis charge of PCBs from any point source. In the case of existing manufacturers, this can be done since the otaly present PCB manufacturer doee not have a direct discharge. A similar requirement is Im posed upon new PCB manufacturing sources, who wouid be required In effect to either achieve a completely closed sys tem or discharge into a POTW. With re spect to transformers and capacitors, both these industries provide important products to the United States economy for which there are no presently proven substitutes. Moreover, the best reduction levels which available technology tan achelve with respect to an effluent dis charge containing PCBs appear to be i ng/1 through the use of carbon adsorp tion treatment. Thu exceeds the ambient greater coat for the ocone-UV system. causing disruption of the supply of trans water criterion by three orders of magni When pretreatment costs are included tiie oeone-UV system Is only ubout l percent higher than activated carbon. H ta doubtful however, that the ozone-UV system could be installed within one year, ihe maximum period of time between promulgation and the effective date of these standards. Other systems evaluated Included ad- formers and.capacitors. Additional anal ysis .will be carried out to assess more completely these types of Impacts, as well as to identify other types of economlo effects. In addition, the SPA Is currently en gaged in issuing NPDE3 permits pur suant to section 402 ot the Act applicable to point sourcee which will be covered tude. Discharge of relatively modest amount? of a pollutant into the water at manv times the ambient water criterion mav ^ allowed, however, without necessarily failing to provide safety for aifycted or ganisms. First, the actual discharge con centration does not normally remain the ambient concentration. In fact, the ef- 'orpf.on by polymeric resins, catalytic by thoee proposed standards. In some In rtuent disperses following discharge and vctiucMoR and catalytic oxidation. In stances the limitations being proposed In .becomes greatly diluted. The area ctf dl- ffOiUMt SfGUTlS, VOt. 41, MO. U3--M'OMV, JUU 13. 197* MONS 099847 PROPOSED RULES 3047a lution b often referred to u i "mixing som", sod will vary in also and shape from one body of water to the next and from one discharge to the next Use re sult of this phenomenon la that once the effluent reaches the outside of themlxlng zone, the pollutant concentration may have become diluted by a factor of sev eral hundred or more, and Indeed may not even be detectable by the most so phisticated monitoring equipment. Con- c.edcdly, in some Instances there may be adverse effects on some organisms in the immediate vicinity of the outfall. How ever, for chronic effects to be observed, the exposure time would have to be quite lengthy--perhapi a lifetime. Even acute toxto effects, which normally oocur at much higher doeege levels than chronic effects, are generally recorded based upon a 98-hour exposure. Because of the ex traordinary persistence of PCBa reliance on mixing tones, while of assistance In the Immediate future, cannot be regarded as a long-term solution to the problem. in developing the proposed standards, the Agency also considered the availa bility of substitutes for PCBs In trans formers and capacitors. Several com- penlee have developed products which they believe are an adequate substitute for PCBa In transformers and efforts are under way to devalop substitutes for PCBs in capacitors as well. At this time, however, it is still too early to determine with confidence whether the substitutes are not only functionally effective but, in addition, are safe la terms of potential nre haiard and other safety considera tions, and are environmentally safe. Hie Agenby has concluded that It cannot at this time set a toxic pollutant effluent standard, or prohibition on discharge, upon the assumption of the reedy avail ability of a substitute product. However, the Agency Is pursuing an active policy to encourage Industry to develop es rapidly as possible feasible substitutes for PCBa. Because of the absence of any proven satisfactory substitute for PCBs in cer tain transformer* and capacitors, it must be recognised that to impose a pro hibition on all PCB-contalnlng effluents at this time would probably cause a se vere Impact on the transformer and ca pacitor manufacturing Industries which utilise PCBs. and deprive the nation of the future availability of products which utilize such transformers and.capacitors. Accordingly, in the proposed standards the Administrator is requiring that dis charges be prohibited where possible, and that other discharge comply with the very beet results which available tech nology can achieve. For the manufactur ing of transformers and capacitors, the standards are based on the following tab ulation: (yp Non-contact coolmq water. UUftin Jet conden sate. D(M*rnt warning wilier. Type of technoion applied Cool In cloned radiator system sod recycle. Replace steam Jets with meohantes! pumps. Replace mm solvent vapor degreasing. Waeteteator typo BoUer blowdowns. Incinerator scrub ber water. Proceac-asioctated weetee* Sanitary waste Type of teeHneiepp applied niter. demineralise, and recycle. Pretreaemeot and carboo adsorption to 1 f.e/l of teas. Preereatmsot and car bon adsorption to I ug/1 or leas. To POTW. Rainfall runoff--. Enclose areas or pre. treatment and carboa adsorption. 1 Indudw hot solder dip rinse water, pboepbatutDg bath wastewater*, tin plettns bath and rinse waters, fluoride bath sad rinse waters sad painting water spray. Thaae are small la volume sad mef occur la only a single pleat. Using this technology results in a pro hibition on discharge of PCBs from any point source to ths navigable waters in volving solely process wastes with the exceptions noted in the above table, which would be treated with activated carbon to the 1 sg/1 level or lower. This tech nology substantiates a standard of ft prohibition of PCBs In process waetse (except for certain specified wastee) and treatment of other discharges with acti vated carbon, reducing PCBs to ) pg/1 or less. Although occasional deviations are unavoidable, at no time may any such allowed discharge exceed 3 pg/1 for samples representing a working day. For new sources, where further tech nology advances can be reasonably ex pected. a more stringent limitation may be set to take such expected advances into account, including advances In con trol technology and In substitutes for PCBs. Limitations of 0.1 g/l on the daily average per month and 0.3 Mg/1 maxi mum at any Urns should be achievable (the osonsUon-UV data so Indicate) and art therefore proposed as new source standards for non-procsss wastewater discharges from transformer and ca pacitor manufacturers, and from dis chargee resulting from scrubber and quench water from Incinerator oper ations. For the reasons discussed above, no new source discharge of PCBs will be allowed which result from Jet ejectors or rinsewater from walding or plating operations. The maximum dally permissible con centration la based upon an application factor of five times the maximum aver age monthly concentration factor. This Is provided to take into account the fact that occasional daily . concentrations may exceed the required maximum monthly average. They should not be allowed at any time to exceed the lowest feasible . ceiling, however, and the Agency's Information with respect to carbon absorption and analogous treat ment techniques indicate that s variabil ity factor of five Is achievable and reasonable. . Translating an ambient water criteri on number to an end-of-the-plpe stand ard Is at best an imprecise calculation. The dispersion and dilution factors dis cussed above are expected tp result, In most receiving waters, in the achieve ment of the degree of protection envi sioned by the Act The Agency recog nizes. however, that there may be a fair cases where, because of local receiving water conditions, notably with respect to hydrology, sufficient dispersion end dilu tion may not take place. To deal wttti such cases. I 129.7 of Suboart A (the general provisions of Part 129: sse stand ards proposed on June 10. 1978, 41 Fit 23378) allows the applicable NPDEB per mit issuing authority to Impose such more stringent effluent limitations as may be required In order to achieve or ap proach the ambient water criterion level, in this case .001 af/l, at least beyond tha boundaries of any reasonable zone. In addition, more stringent levels may be Imposed to meet any appheable water quality standard, sew 1129.3(e). It Is possible that an exercise of these pro visions could result in a plant closure. However, by allowing some considera tion for technology la the Initial stand ard-setting. even though consideration af ecological and health effects are para mount. the approach taken under these standards makaa it reasonably probable that if there are to be any shutdowns, they will occur only after a site speefflo examination, and only because of e fail ure to meet the safety requirements of section 307(a). Finally, It is recognised that to allow a discharge at the proposed levels mag pose some risk of adverse effects to some or ganisms. particularly those located near the outfall, and pomlbly to the consumers. thereof. However, based upon prelimi nary Information, this risk Is deemed to be outweighed at this time by the social and economic benefits represented by not setting a standard which would fores widespread closures of plants manufac turing capacitors and transformers, which would In turn be Ukely to sharply curtail the nation's supply of those emsn- tlal products, or lead to importation of products containing dialectics which aro even more environmentally hasardous. (12) ffabsequenf rgoing.of tawCards. It continues to bo ths goal of the Agency to reduce the presence of PCBs in the environment to the greatest extent pos sible as rapidly ae feasible, for all of the reasons outlined above. Indeed, as addi tional data become available to the Agen cy, it may be necessary to revise in sub sequent proceedings both the standards and the ambient water criterion estab lished pursuant to the present rulemak ing in the direction of greeter stringency in order to provide the degree of safety required by the Act. The Agency la obligated to review sad where necessary, revise its section 307(a) standards at least every three yean. The Agency intends to review the proposed standard one year following promulga tion, with the expectation that industry will have mode significant strides to wards the development ot reliable sub stitutes for PCBa, as welt as in the field of control technology, so that a prohibi tion on all discharges of PCBs in any in dustrial effluent can be considered at that FtOERAl SfGISTIR, VOl. 41, NO. MS--MIOAV, JUIV 23, 19T4 MOHS 059848 30476 PROPOSED RULES Mm including Munn not covered by thirty days following the aforesaid notice See. the standards proposed at this time. of avaLiability. All parties to the public 139.7 Requirement ' and procedure rot 2ZL Puiuc PAincirAnbif nf Ituuuuxnte . phocm .. hearing on the proposed standards shall be allowed a reasonable opportunity to examine this economic impact assess A publle bearing to consider the pro- ment and ahy comments therein, and to poeed effluent etandards will be held pur respond thereto on the record. To this suant to section 307(a)(2) of the Act limited extent and for this limited pur establishing a more effluent limitation. 129.4 Compliance date. 139.9-129.99 (Beeirved) 139.100 Aldrtn/Dleldrln. . 129.101 DDT. DDD end DOB. 129.103 CBdtln. sbnagtnt commencing on August 20,1978. at 10:00 pose only. I hereby waive the time dead 139 103 Toxapdene. :vm. in Koom 2409, Waterside Mall, U.8. line requirements for the filing of pub 129 104 Benzidine. Environmental Protection Agency, 401 lic comments under 1104.3(d) of the 129 106 Polychlorinated Biphenyls <PCBe>. M Street, 3W,, Washington. D.C. In ac Agency's Rules of Practice lor Public AurooBtj v.---Sece. $07. 304, and Ml of the cordance with the Agencr'* rules of prac Hearings on Effluent Standards for Toxio Federal Water Pollution Control Aet Amend tice governing public hearings on effluent Pollutants, 40 CFR Part 104, ss amended. ments of 1973 <Pub. U 92-600. 94 Btat. 114. standards for toxic pollutants, 40 OR 41 FR 17896 (April 29, 1978), so as to 33 U3.C. 1231 etaeq.). Tart 104 as amended. 41 P R. 17W8 et seq. (April 29, 1976), the first hearing day shall Include a prehearing confer ence at the above time and place. All persons interested In participating In allow the filing of materials and com ments described in this paragraph within the time period herein set forth, and I accordingly direct the presiding officer at the public hearings to be conducted on 2. Subport A of Part 139 Is further amended by adding new paragraph if) to 1129.4 to road an follows: S 129.4 , Toxic pollulanu. those hearings as objecting parties these proposed standards to ensure that should refer to the amended rules of' the record Includes all materials which if) Polychlorinated Biphenyls (PCBs) practice, 41 PR. 1789* et seq.. and should are filed in conformity with this para --polychlorinated biphenyls (PCBe) not rely on previous editions. Any per graph. The Agency has ths legal author means a mixture of compounds composed son who has any objection to any stand ard proposed herein may file with the Hearing Clerk (A-100). Room 1019 W8MX, U S. Environmental Protection Agency. 401 M Street. 8W.. Washington. D C. 20480, within 28 days of ths date of ity to modify or waive strict, compliance with its rules of practice In exceptional circumstances such as the foregoing when the ends of Justice require. Cf. American Farm Line* v. Black Bail Freight Service, 397 UR 532 (1970) end of the bipenhjrl molecule which has been chlorinated to varying degrees. 3. Subpart A of Part-129 la further amended by adding new 1 129.103 to read as follows: this notice, a statement of objection in cases cited therein. S 129.105 Polychlorinated biphenyls triplicate which shall meet all of the re-. qulremenU of 40 CFR 104.3 (fc> and IbV. Dated: July.14,1978. . (PCBe). (a) Jpodafteeif de/lnittans. (1) "FCB These Sections require, among other things, actual receipt by the Hearing Russell E. Tkaik. - Administrator. Manufacturer" means a manufacturer who produces polychlorinated blpeoyls. Clerk of any objection within the afore AntltOR A " (2) "Electrical capacitor manufac said tins. The presiding officer may re fuse to permit any person to participate in said hearing who fails to comply with any of the provisions of those sections. in addition to the (ongoing, any per 1. Criteria Document (or Folyehlorl&ated Biphenyls (BPS. Isa C. J. Ntsbet, Ph. D_ 1974). general Inttoduetion. 2. pcbs la the United States industrial Use end Bnvtronasnta* Distribution (Doe. turer" means a manufacturer who pro duces or assembles electrical capacitors In which PCB or PCB-containing com pounds are part of the dielectric; (3) "Electrical transformer manufac son interested in this proposed rulemak Ho. BPA 440/9-78-006 February 26. 1978). turer" means a manufacturer who pro ing but who does not participate as a S. Amewmea* et Wastewater Management. duces or assembles electrical trans party in the formal hearing may submit Treatment Technology and Associated Costa formers in which PCB or PCS-contain written comments to the Agency on the proposed rulemaking. Such comments should bo Sled hr triplicate. If possible, and should be addressed to: Hearing Clerk (A^lOO). Room 1019 W8MZ. UJS. 2or Abatement of PCBe Concentrations in Industrial affluent# (Doe. No. BPA 690/6-76 004 February 3.1974). 4. PCS* Water ZUmlnaUon/IUducttott Teotoaology and Associated Costa Manufaetuiers of eetrieal Capacitors sad TTana- ing compounds are Dart of the dielectric. (4) The ambient water criterion for PCBe In navigable waters is 0.001 *g/L <b> PCB Manufacturer--(1) Appli cability. (1) These standards or pro Environmental Protection Agency. 401M formwa: Addendum to Pinal Report. Task EX hibitions apply to: - Street, SW,, Washington. D.C. 20480. All (July 3. 1976) (supplement* Item 3). (A) All dischargee of process wastes: comments which art' received by the hearing clerk and which are postmarked on or before August 20. 1976 shall become u part of the hearing record In the man ner prescribed In 40 C7R 104J(d) and shall be considered by the Admlnlsfrator 5. Conference Proceedings of the National .Oenfareaee on PCBe (Doe. No. XPA.MO/S-7S004: Conference held November 1975; pro ceedings published March 1974). 9. Nouce OX Propoeed Butemaklng: BPA Proposal of Toxic pollutant affluent Stand ards for Aldrln/DtsIdrUL DDT (DDO. DDB), (B) All dischargee from the manu facturing or incinerator areas, loading and unloading aieae storage, areas, and other areas which are subject to direct contamination by PCBs ss a result of the manufacturing process, including but not prior to the promulgation of final stand Kudrin and Tosapbene. 41 n 33974 (Juney limited to: ards. . Tn addition, in aoeordanoe with the discussion above concerning economic impact of the standards proposed at this time, the AgenerwUl publish In the FrontAL Rzozsm approximately ninety days following the date of publication of this notice of proposed rulemaking an announcement of the availability ol the Agency's economlo Impact assessment with respect to the proposed standards. 10.1979). </) Stormwater and other runoff: 1. Ill 40 CFR Pert 129,'Subpart A (as (2) Water used for routine cleanup or proposed at 41 FR 23576 (June 10. 1976) cleanup of spills. nod amended at 41 FR 27017 (June 30, 1976)- the table of contents Is further (U) These standards do not apply to stormwater runoff or other dischargee amended to read ss follows: . - from areas subject-to contamination solely by fallout from air emissions of PART 129--TOXIC POLLUTANT PCBs: or to stormwater runoff that ex EFFLUENT STANDARDS ceeds that from the ten year 21-hour Swbeari A--Toxk Pollutant ((fluent Standards rainfall event. and Frohibttlens (2) Analytical Method Acceptable. En The document or document! setting forth this assessment shell be made part of the record of the rulemaking proceed ings oo these proposed standards, to gether with all comments directed spe cifically thereto which are received by the Bearing Clerk at the Above address and which are postmarked not later than Bee. 139.1 139.3 139-3 139.4 139.3 129.5 * Scope and purpose. Definitions. Abbreviations. Toxic poUutants. - Complianee. AdJueW&ent of rflUMt ttaadml for presence of toxic pollutant tn Wie Intake water. vironmental Protection Agency method specified In Part 136 of this chapter, except that a 1 liter sample size Is re quired to Increase analytical sensitivity. (3) Effluent standards--(1) Existing sources. PCBs an prohibited in any dis charges from any PCB manufacturer. riOMAl MOUTH. VOL 41, NOr-143--telDAY, JULY 23, 1974 mons 0598`<l A t JT PROPOSEO RULES 20477 Ul) New sources. PCBs are prohibited chlorinated biphenyls concentrations ex ceeds that from the ten year 24-hour in any diacbaria from any -pCB ceeding an average per working day of rainfall event. manufacturer. 1 Mg/1 calculated over any calendar <2> Analytical Method Acceptable. En (c) Electrical capacitor manufac month: and shall not exceed 5 ug/1 in vironmental Protection Agency method turer--(U Applicability, (l) These stand sample(s) representing any working day. specified in Part 136 of this chapter, ex ards or prohibitions apply to: l.\> All discharge of process wastes; and tUj All discharges from the manufac turing or Incineration areas, loading and unloading areas, storage areas and other areas which are subject to direct con tamination by PCBs as a result of the manufacturing process, including but not limited to: (1) Stormwater and other runoff; and 12) Water used tor routine cleanup (11) New sources. (A) PCBs are prohib cept that a t liter sample size is required ited In any process wastes discharged to increase analytical sensmvtty. with the exception of scrubber and <3) Affluent standardt--<l) Sxtstino quench water from incinerator opera SOnrc.es. (A) PCBs are prohibited In any tions; and ' process wastes discharged, with the fol (B) All other dischargee from a capac lowing exceptions: itor manufacturer shall not contain u> water used In welding, plating or polychlorinated biphenyls concentrations painting operations: and exceeding an average per working day of <2> Scrubber and quench water from 0.1 Mg/1 calculated over any calendar -incinerator operations. month; and shall not exceed 0.5 Mg/1 hi <B) All other discharges (Including sample<s> representing any working day. each of the exceptions set forth In the or cleanup of spills. Oil These standards do not apply to stormwater runoff or other dischargee from areas subject to contamination solely by fallout from air emissions of PCBs; or to stormwater runoff that ex ceeds that from the ten year 24-hour (4) The standards set forth in this Subsection shall apply to the total com bined weight or concentration of PCBs, excluding any associated element or compound. (d) Eltctrical transformer manufac turer-- (1) Applicability. (1) These rainfall event. standards or prohibitions apply to: <31 Analytical method acceptable. En (A) All discharges of process wastes; vironmental Protection Agency method and specified In Part 138 of thia chapter. ex-., <B) All discharges from the manufac oept that a 1 liter sample site Is required turing or incineration areas, loading and to Increase analytical sensitivity. (3) effluent standards--(1) existing sources. (A) PCBs are prohibited in all unloading areas, storage areas, and other areas which are subject to direct con- tamlnstion by PCBs as a result of the process wastes discharged with the fol manufacturing process, including but not lowing exceptions: limited to: (2) Water used In welding, plating or (2) Stormwater and other runoff: and painting operations; and (2) Water used for routine cleanup or preceding section (A)) from a trans former manufacturer shall not contain polychlorinated biphenyls concentrations exceeding an average per working day of 1 Mg/l calculated over any calendar month: and shall not exceed 5 Mg/l in samoleis) representing any working day. (ii) New sources. (A) PCBs are pro hibited in any procaas wastes discharged, with the exception of scrubber and quench water from -Incinerator opera tions; and \ (B) All other dischargee from a trans former manufacturer shall not contain polychlorinated biphenyls concentra tions exceeding aa average per working day of 0.1 Mg/l calculated over any calendar month: and shall not exceed 0.5 Mg/l In aamplo(a) representing. any working day. (2) Scrubber and quench water from cleanup of spills. (4) The standards set forth In this sub Incinerator operations. (B) All other discharges (lncludinf /each of the exceptions set forth la the preceding section (A)) from a capacitor (11) These standards do not apply to stormwater runoff or other dischargee from areas subject to contamination solely by fallout from air emissions of section shall apply to the total combined weight or concentration of PCBs, ex cluding any associated element or com pound. manufacturer shall not contain poiy- PCBs; or to stormwater runoff that ex [PR Doc.76-21354 Plied 7-22-76;8:43 aa] *\ tT '*{ ' HONS 059850 HDflUi siowt*, vot. si, no. hj--^sioay, juir 23. we