Document OzZ36eEojJqo37E2wbnzGQ6av

PROPOSED RULES ENVIRONMENTAL PROTECTION ufacturers of PCBs and manufacturers the Inherent limitations of point source AGENCY of transformers and capacitors who use discharge control, towards the degree of PCBs and who discharge directly Into protection for aquatic and other orga . [40 CFR Part 129] the navigable waters. Standards arc es nisms and human health envisioned (FRZi 685-SI tablished for both existing and new under the Act, and arc technologically ` WATER PROGRAM sources. Owners and operators of facil achievable by industry. The Agency will ities which discharge Into publicly owned continue to review the standards estab Proposed Toxic Pollutant Effluent treatment works, as defined In section lished in this rulemaking as additional Standards for Polychlorinated Biphenyls 212 of the Act (sometimes referred to as data become available to determine Notice is hereby given that the En vironmental Protection Agency, pursuant to the authority contained in section 307(a) of the Federal Water Pollution Control Act (the Act) as amended by the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500, 86 "Indirect dischargers"), are.not covered by the standards herein proposed: How ever. the Agency will propose pretreat ment standards in due course for such in direct discharges pursuant to the au thority contained in section 307(b) of the Act following proposal of these stand whether further protection, including more stringent standards, is necessary and feasible. X. Background A. PCBS IN THE ENVIRONMENT ' ' PCEs are a class of organic compounds Etat. 816. 33 UJS.C. 1251 et seq.). pro poses additional sections to Part 129, set ting forth proposed eiliuent standards for polychlorinated biphenyls (PCBs). On June 10,1976, the Agency proposed a new ards. The term polychlorinated biphenyls re fers to a family of organic chemicals which have been produced and marketed in this country for approximately 45 manufactured by the chlorination of biphenyl with anhydrous chlorine using iron filings or ferric chloride as a cata lyst. The biphenyl molecule has a total. of ten carbon-hydrogen bonds at which Part 129, setting forth proposed eiliuent , years. These organic chemicals are syn chlorine substitution can be accommo standards for the following toxic pollut- thetically made and consist of a number dated. In the manufactuie of PCBs, any - ants: aldrln/dieldrin, DDT (DDD, DDE). of chlorinated biphenyl isomers. They are where from one to ten chlorine atoms endrin and toxaphene, 41 F.R. 2357C et highly stable compounds and are'used may be located on the biphenyl molecule. seq. On June 30, 1976, 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 uses as substitutions, theoretically as many as PJt. 27012 et seq. Those five pollutants, well. PCBs have been conclusively de 209 separate compounds, or isomers, of as well as polychlorinated biphenyls monstrated to produce lethal and suble- the chlorinated biphenyl family can be -tGF-CBsl, were -included -on 'a list -of-toxic jhal toxic effects at low dose levels upon manufactured. pollutants previously published by the a wide range of fish, mammals, and other The PCBs manufactured by Monsanto Agency pursuant to Section 307(a)(1), wildlife, and have also demonstrated ad 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 digit num Section 307(a) (2) of the Act provides as follows: they are highly mobile and persistent in the environment, and bioaccumulate greatly in tissue. ber, with "biphenyl" represented by the first two digits "12", and the approxi mate chlorine percentage represented by Within one hundred and eighty days alter the date of publication of any list, or revision thereof, containing toxic pollutants or com bination of pollutants under paragraph (1) of this subsection, the Administrator, in ac cordance with section 553 of Title 5 of the The sole manufacturer in the United the second two. Tims, Aroclor 1242 is a.. States. Monsanto Industrial Chemicals mixture containing approximately 42 Company, currently produces approxi percent chlorine. The principal Aroclors mately 40 million pounds of PCBs per which have been marketed over the past year. Imports of PCBs currently amount' decade by Monsanto are 1221,1232,.1242, . United States Code, shall publish a proposed to about 0.4 million pounds per year. 1248, 1254 and 1260, although at this effluent standard (or prohibition) lor such Since 1970 Monsanto has voluntarily time there is no active marketing of 1232. pollutant or combination of pollutants which restricted its domestic sales of PCBs to 1243 or 1260. In addition. Aroclor 1015 shall take Into account the toxicity of the pollutant. Its persistence, degradability, the usual or potential presence of the affected organisms in any waters, the importance of the affected organisms and the nature and extent of the effect of the toxic pollutant on use in transformers and capacitors (closed systems). Consequently Monsan to and the manufacturers of transform ers and liquid-filled capacitors are sig nificant sources of further contamina (an exception to the previously identified nomenclature system) is being marketed, and bears approximately 41.3 percent chlorine. For an extensive discussion of the chemical and physical properties of such organisms, and he shall publish n no tion or potential contamination resulting PCBs, see O. Hutzinger, S. Safe, and V. tice for a public hearing on such proposed from the discharge of domestically man Zitko, "The Chemistry of PCBs." CRC standard to be held within thirty days. As ufactured PCBs into the aquatic envi Press, 1974. soon as possible after such hearing, but not later than.six months after publication of the proposed effluent standard (or prohibi tion), unless the Administrator finds, cn the record, that a modification of such proposed ronment. > ' The proposed standards include a pro hibition on discharge of. PCBs by any PCB manufacturer. With respect to any The unique physical and chemical properties of PCBs include low vapor pressure at ambient temperatures, re sistance to combustion, remarkable standard (or prohibition) is Justified based manufacturer of transformers or capac chemical stability, high dielectric con Upon a preponderance of evidence adduced itors, a prohibition of any PCBs in any stant and high specific electrical rcsistiv- st such hearings, such standard (or prohibi effluent discharge of process wastes is ity and low water solubility. At the same tion) shall be promulgated. . proposed, with limited exceptions, and an time, PCBs are lipid soluble and hence The regulations proposed at this time establish effluent standards for manufac turers of PCBs and manufacturers of transformers and capacitors which con tain PCBs. Standards are. proposed 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 average daily concentration limit per month of 1 ng/1 is proposed for any other discharge. For new sources, a prohibition on discharge of PCBs in process wastes in conjunction with an average daily concentration limit per month of 0.1 pg/1 for other discharges is proposed. Regulation of discharges under tlie Act cannot, by Itself, guarantee an ample margin of safety for nil organisms and human health even If all point source the potential for absorption into fatty tissue and into the liver is high. Thus once ingested PCBs are retained by most organisms rather than excreted. Tiie qualities of persistence which make PCBs useful for many industrial pur poses greatly aggravate their potential for harm in the ecosystem. Although the principal uses of PCBs. today are in "closed" electrical systems (transformers and capacitors). PCBs effluent standards proposed at tills time. discharges were prohibited, in light of have been used over the years for a . orSummary Principal Features and BENtrus of the Proposed Peculations the serious environmental problem which variety of more "open" uses resulting in already exists. Data available to the greater direct contamination of the cn- . Agency indicate that the standards pro vironment. These other uses include an The regulations here proposed would posed at this time will however result additive in investment casting waxes, establish effluent standards lor all man in maximum feasible progress, within lubricant additives, hydraulic and com- fEDERAl REGISTER, VOL 41, NO. 143--FRIOAY. JOLT 23, 1776 ' ' ' .. t ' ' ~ OSW 318813 STLCOPCB4055678 rt PROPOSED RULES 30169 pressor fluid, carbonless copy paper, cological data concerning PCBs, 41 lit at the conclusion of the hearings that plasticizers, paints, heat exchange fluids, 8409. FDA has also banned PCBs for use tho record did not contain sufficient evi certain types of paper and sealants. Most in food and feed processing. dence on which to promulgate responsible of these uses have been substantially 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 additional entered the environment as a result of on the use, disposal and labelling of data and repropose its standards, sup these uses, and which continue to be PCBs, and is currently considering more ported by an expanded data base. The placed In the environment, will b$ there extensive guidelines for the handling, standards proposed at this time thus su for many years. Some of these uses are servicing and disposing of existing equip persede the PCBs portion of the proposal resulting In effluent discharges which are ment containing PCBs. of December 27,1973. not subject to the standards proposed at The General Services Administration The Agency's decision to gatljpr addi this time owing to insufficient data. As (GSA) has banned PCBs in carbonless tional data and to repropose standards such data become available, however, the copy paper purchased by the Federal was discussed at considerable length in Agency expects to take appropriate government and the Department of the the Preamble to the Notice of Proposed measures to control such discharges pur Interior (DOI)' has prohibited the use Toxic Pollutant Effluent Standards for suant to the Act or other applicable of PCBs in offshore oil operations. Aldrin/Dieldrin, DDT, Endrin and Toxa- . statutory authority. The Environmental Protection Agency phene, published in the Federal Register It is estimated that over the past 45 (EPA) has proposed regulations pursuant on June 10, 1976, 41 FR 23576, to which years approximately 1.4 billion pounds of to section 311 of the Federal Water Pollu the reader is referred and which is here PCBs have been produced in the United tion Control Act to control spills of num by incorporated into this PCB statement States, of which 1.25 billion have been erous identified hazardous substances, of basis and purpose by reference. used in this country and the balance ex including PCBs. These regulations are ported. Of this 1.25 billion pounds, ap intended to establish reporting require H. The Proposed Standards proximately 860 million pounds have ments, to establish harmful quantities, . GENERAL PROVISIONS been used in electrical equipment. In ad dition, it is estimated that only approxi mately 50 million pounds have degraded, that 750 million pounds are presently in service, and that 450 million pounds are 4n landfills (ostensibly as a result of dis- 'x*p0sai) -and -In air, -water, -soil and -sedi ments. ' ' In contrast, it is estimated that dis charges 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 tttfc-rmrount. 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 PCB -v problem as It currently exists, such efforts are-likely to have a more signif icant impact in reducing future environ mental contamination andrift-.aiieviating the specific environmental problems in -- the immediate receiving waters. Conse quently the Agency believes that the standards proposed at this time will con stitute an important element in the over all effort to reduce and ultimately elimi nate any further addition of PCBs to the and to fix civil penalties for spills. The Agency further anticipates use of its au-" thority under section 311 to require industry to prepare spiH prevention con trol plans. ' The Agency, in October, 1975, issued to -draft form -a -set -of water quality -cri teria pursuant to section 304(a) of 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 Act, 41 PR 14134. . On July 6,1973, the Agency published- in the Federal Register a proposed list of nine toxic pollutants pursuant to sec tion 307(a) (1) Of the Act. 38 PR 18044. The'nine substances were: aldrin/dlfl- drin, benzidine, cadmium, cynaniae, DDT (DDD, DDE), endrin, mercury, polychlo rinated biphenyls and tosaphene. Follow ing receipt of public comment, the list was promulgated on September 7, 1973, together with a discussion of the Agency's The notice of proposed rulemaking published on June 10, 1976, proposed provisions of general applicability to all standards issued under section 307(a). These were set forth as 129.1 through I29.C. Those -Sections -jane promulgated will be applicable to standards estab lished hereunder, for polychlorinated biplienyls.'Owners and operators of facll- ities which are or may be subject to the standards proposed herein are expressly referred to that notice of proposed rule 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 NPDES permit program, as appropriate). of any discharge subject to these standards, re quirements and procedures for estab lishment of a more stringent effluent limitation than that established in these proceedings, ar\d compliance date. - " .r" The Standards for Polychlorinated . Biphenyls ' In the notice of proposed Toxic Pollut ant Efflsarct Standards published June 10, 197$. standards were proposed for aldrin/daeldrin, DDT (DDD, DDE), cu- environment. selection criteria and a response to com drin and toxaphene in Sections -129.100 ments received on the proposed list-, 38 through329UQ3 respectively. In addition, S. PRIOR REGULATORY ACTION AND RELATED PR 24342 et seq. Hie promulgated list the Agency has proposed to add a new , EFFORTS TO REDUCE ENVIRONMENTAL EX- consisted of the same, nine substances 5 129.1-61 containing effluent standards P05URE previously proposed. for bemidine. 41 PR 27012 (June 30, Because of the demonstrated toxicity On December 27,1973. the Agency pro 1976). of PCBs and the human health threat posed toxic pollutant effluent standards The standards proposed herein would posed by Ingestion of PCBs through the for each of these nine substances, to add a sew Section 129.105 to provide food chain, the Pood and Drug Adminls- gether with a summary of the factors coverage for PCBs for new and existing . tratlon (FDA) of the Department - of considered in setting the standards, and sources to the following Industrial cate Health, Education and Welfare estnb- a list of point source categories of dis gories: Manufacturers of PCBs. manu fished temporary tolerances for PCBs in charges proposed for coverage, 38 PR facturers of transformers, and manufac food pursuant to the Federal Food, Drug 35388 et scq. In accordance with section turers of capacitors. Coverage is pro and Cosmetic Act. 21 CFR 122.10 (July 6. 307(a) (2) of the Act, a formal rulemak vided fee both- new and existing sources, - 1973). These tolerances included, for ex ing hearing on the proposed standards and far purposes of these standards, a ample, 5 parts per million (ppm) in the was scheduled. A prehearing conference new snsce ib defined as any source on edible portion of fish and shellfish, 2.5 was held on January 25, 1974, followed which construction is begun' following ppm in milk and dairy products. 5 ppm by a thirty day evidentiary hearing held the dale tills proposed rulemaking, if In poultry, 0.5 ppm in eggs and 0.2 ppm during April and May. During the courso sUndauSs axe subsequently promulgated In Infant and junior foods. On Febru of those hearings, which were held under pursuant, to this proceeding. Tho ary 26. 1976, FDA announced that it is severe time constraints, the Agency be Agcnqy&dhia. Indicate that these stand actively considering a lower temporary came aware of certain gaps In its data ards fHl cover at least three plants tolerance for fish in light of recent toxi base. As a result, the Agency determined manuImSartog transformers, and at least FEDERAL REGISTER, VOL 41. NO. 143--FRIDAY, JULY 33, 1974 OS\N 318814 STLCOPCB4055679 30470 PROPOSED RULES seven plants manufacturing capacitors, tlon/Rcduction Technology and Associ of mammalian carcinogenesis, where all of which are existing direct dis ated Costs, Manufacturers of Electrical available, were also considered, as were chargers. Capacitors and Transformers; Adden data on persistence and degradability. Each section includes specialized dum to Final Report, Task II." Data on toxic effects of pollutants are definitions of the point source category Copies of the aforesaid criteria docu not available for all species that may be covered and prescribes acceptable analyt ment and reports and supporting mate exposed to toxic pollutants in the com ical methods. In addition, provision is rials, as well as other materials which plex ecosystem. There is a vast number made for determination of weights and form a part of the basis and purpose for of species throughout the entire ecosys concentrations. In cases where a dis these standards and which are listed on tem. and it would be impractical to try charge is allowed, the standard will be Appendix A below, arc available for pub to gather test data on every one. or even specified as an average monthly concen lic inspection and copying at the U.S. most of them. Because such data are not tration limit and a maximum concentra Environmental Protection Agency, Pub available on all species, the range of sen tion at any time. lic Information Unit, Room 2922 (EPA sitivity of a smaller number of tested In developing the standards proposed Library), 401 M St,, S\V,, Washington, species is used to provide a measure of herein the Administrator has given care ful consideration to each of the factors D.C. 20406, during normal business hours. Copies of the criteria document the range of sensitivity of all species. The Agency's criterion for PCBs is based enumerated in section 307(a) (2). These and technology report and supplement upon a wide range of toxicity data for a 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 the affected organisms and. the nature and extent of the effect of the toxic pollutant on such organisms." In light of the Act's manifest concern for public health, which is reflected both in the statute 2nd the legislative history, the Administrator has also considered available data concerning human health effects attributable to PCBs. The data ^considered by the Administrator TClating to these factors of toxicity and environ mental effect are set forth in a-'-Criteria Document." The Agency was assisted in the preparation of this criteria document by Ian C. T. Nisbet, Ph.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. His 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 10,1976, to which the reader is referred. in order to obtain relevant data for this function, the Agency engaged the services of Versar Inc., of Springfield, Virginia, who are recognized experts in the study of wastewater treatment tech nology and the control of pollutants emitted by industrial sources. Versar Inc. - has prepared and submitted a report to the Agency concerning industrial dis charge of PCBs and the assessment of wastewater management and treatmenttechnology, including technologies which may also be inspected and copied at libraries in each of the 10 EPA regional offices.1 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 is the development of the criteria docu ment, which sets forth extensive data with respect to the environmental effects and 'behavior'-of "PCBs. A principal ob-. jective of the criteria document is 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 aouatic organisms and others up the food chain, including man. who may become.exposed to it. This ambient wa ter criterion is expressed as a concentra tion of the pollutant in the water in. terms of micrograms per liter WD <1 fig/=one 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 becomes virtually impossible to state with confidence that any number above zero provides an ample margin of safety for man. In such cases 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 as field observations on the effects and behavior of PCBs. These studies have been con ducted on a variety of organisms includ ing invertebrate, vertebrate, and mam malian test species, and are well documented in the scientific literature. These studies provided extensive acute and chronic toxicity data based primarily on feeding experiments for a wide range of aquatic organisms and consumers of aquatic organisms. .- phylogenetic cross section of organisms as well as species representative of 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 data for the carnivores at the top of the food chain in a given eco system, -as well sccoiomically impor tant species such as trout, salmon, men haden and shrimp are properly consid ered in the development of a protective criterion level. Toxicity data for orga nisms such as diatoms, crustaceans and aquatic insects are also important since 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 data, a concentration level is sought which, it is' believed, will provide that degree of safety required by the Act for all impor tant organisms likely to be affected by it 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, this 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 is discussed more specifically below (see "Rationale for Standard"), after the following summary of the Agency's consideration of the available data base. are actually in use or which are or may Studies documenting bioaccumulation (1) Composition, chemical and phys be available to industries to control or In the food chain organisms and bio ical characteristics of PCBs. The com- eliminate the discharge of PCBs. This re concentration by organisms directly merclal mixtures of PCBs have been rea port is entitled "Assessment of Waste from the water provided an important sonably well characterized. Each mixture water Management, Treatment Tcchnol- additional component data base. Appro- contains 10 to 20 major components and ogy. and Associated Costs for Abatement priatc human toxicity data and studies a number of minor components; more of PCB Concentrations In Industrial Ef than 80 of the 209 chlorinated biphenyl fluents." and is hereby Incorporated by reference ns a part of the statement of ' Tho Agency also intends that the criteria document and technology report and supple (CB) isomers have been identified In the commercial mixtures. After release into basis and purpose of the standards hcrc- ment bo made available through the National the environment the constitution of the In proposed, along with a supplement Technical Information Service In Sprtngtlcld, mixtures changes as some components thereto entitled "PCBs Water Eltmina- Virginia. . ore degraded while others persist. Since WHAL KEGISTEK, VOL 41, NO. 143--fRIDAY, JULY 23, 1974 DSW 318815 STLCOPCB4055680 PROPOSED RULES 30471 tome components are more toxic than Others, this complicates the evaluation Of the hazards posed by environmental residues. Highly toxic impurities, polychlori The raw wastes from the manufactur ing area at Monsanto consist of the liquor from the scrubber, the condensate from the steam jet ejectors, water used for showers and eye baths, miscellaneous Effluents from plants In this category range between 2,500 gallons per day to 1.20 MGD. These effluents are discharged into the navigable waters or are intro duced into POTWs without any treat nated dlbcnzofurans (PCDFs). arc pres floor wash drains, waste oil collected in ment directed toward PCB removal. Ef ent in small quantities in the range of drip pans and drums, and so-called fluent information obtained for 14 plants 1 to 33 milligrams per liter (mg/I) in "montars" which are the bottoms from indicated that average effluent PCB con most commercial mixtures. Products their stills. The composition and quanti centrations ranged from less than 10 manufactured overseas frequently con ties of the individual waste streams are jig/1 to more than 6,000 pg/1. Average tain more PCDFs than American-made not monitored. All effluent streams gen mass emissions of PCBs from these plants Aroclor mixtures. There is evidence that erated in the manufacturing area are ranged from less than 0.01 lb/day to PCDFs may be formed from PCBs both collected in sumps located in this area. nearly 2.5 lb/day. in service, and in the environment by Rcnortcdly the aqueous discharges .photochemical and metabolic processes. amount to 750 ug/1 PCBs in 0.432 million (c) TRANSFORMER MANUFACTURING Accordingly, the toxicity of PCB mix gallons1 per day ("MGD") or 2.7 lb/day. There are eighteen transformer plants tures is variable and environmental resi The raw wastes generated in the incin operated by thirteen companies which dues are sometimes more toxic than erator area at Montanso consist of the manufacture transformers using PCB- freshly manufactured products. However, venturi scrubber liquor and the waste contabling Askarel dielectric fluids. As- It is not possible to separate the toxic phase from the oil-water separator sump. karel transformer oils are blends of 60 effects of PCDFs and PCBs satisfactorily, Reportedly the aqueous discharges from to 100 percent Aroclor 1254 or 1242 and and the environmental hazards of both this area amount to 15 ug/1 PCBs in tricfilorobenzene. This type of trans must be considered together. '0.288 MGD or 0.36 lb/day. The total plant former constitutes only five to ten per PCBs are viscous liquids or waxes. They uses a maximum of 0.389 MGD of water cent of these plants' transformer manu arc freely soluble in organic solvents and principally for cooling and a maximum facturing volume. The remaining in lipids (fats). but have very low solu of 360,000 lbs of steam. manufacturing volume uses mineral oil bility in water. In general, those PCBs In addition to the aqueous discharges, as the dielectric fluid, and there is some with fewer chlorine atoms per molecule it has been estimated that about 25 lbs. manufacture of air-cooled or gas-cooled are more soluble in water and more vola of scrap oil and "monstar" are produced transformers as well. Askarel trans tile than' those with greater chlorine per ton of PCB produced, that about 5Vz formers are used when other types are -atoms per molecules. Accordingly, the lbs of PCB in contaminated solids per ton unsatisfactory because of design limita- ,nflxtures aTe differentiated during-vola of PCB produced are Ianufilieu-daily^and 'iions or where flammability is b prob tilization and solution, the lower CBs that less than 1 lb/day of PCBS Is lost lem. The PCB usage in this category being more mobile, PCBs are strongly as air emissions. was approximately 12,000,000 lbs in 1974. adsorbed onto surfaces and particles. In the aquatic environment their behavior <B> CAPACITOR MANUFACTURING _ At least three of these plants have direct discharges and are therefore subject to is often controlled by the presence and There are nineteen plants operated by the standards proposed at this time. movement of sediments. seventeen companies manufacturing PCB There are two principal types of trans : (2) Relevant use and wastewater impregnated capacitors in the United formers produced: electrical distribution characteristics--(A) Manufacturing of States. At the present time approx transformers which are used to step PCBs. The sole domestic manufacturer imately 95 percent of all liquid-filled down voltages, and power transformers of PCBs is the Monsanto Industrial capacitors manufactured in the United which are primarily used to step up volt Chemicals Company ("Monsanto"), States are of the PCB impregnated type. ages. Distribution transformer applica Whose manufacturing operations are The two most frequent applications of tions include use in networks, pad- Conducted at its William G. Krummrich these capacitors are for phase corrections mounted and pole-mounted, and special plant in Sauget, Illinois. Aroclors 1221 on power .lines connected to electrical precipitator power supplies located in and 1016 are used by capacitor manu motors and for me as ballast for fluores closed proximity to hot gas stacks. facturers as dielectrics. Aroclors 1242 cent lighting systems. The PCB usage in Quantities of Askarel used in trans and 1254 are used as principal ingredi this category was approximately 22.000. formers of this type range from 500 to ents in formulating the Askarcls used 000 lbs. in 1974 with most of this being 5,000lbs each. Many of these trans by transformer manufacturers. Aroclor 1016. At least seven of the nine formers have provisions for venting with: Monsanto discharges its effluent to teen capacitor manufacturing plants spring loaded venting devices or dia the Sauget POTW, and therefore is not covered by the standards proposed at this time. The Agency expects in due course to propose pretreatment standards ap have direct discharges to the navigable waters and are therefore covered by the standards proposed at this time. Most plants manufacture either large phragm rupture discs. Askarel power transformer applica tions include use in primary and second ary substations, industrial furnaces, rec plicable to this facility and to any other facility which may in tire future manu power capacitors or small industrial type units but not both. The large capacitors tifiers, rail transportation, and for react ance and grounding functions. Quanti facture PCBs. A brief discussion of Mon santo's operations and wastewater characteristics is appropriate here, how ever, In view of the fact that standards are proposed at this time for direct dis chargers for the PCB manufacturing category for existing and new sources, Monsanto's ability to achieve zero direct discharge was also considered in propos ing these standards. Tho Krummrich plant has a design : capacity to produce 43 million pounds of PCBs per year. In 1974. Monsanto pro duced 40.4GG.000 pounds, of which 34, 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 are either flood filled or manifold filled. All small capacitors arc flood filled cither in a vacuum tank or in an automatic `carousel'' arrangement. ' The raw wastes originating from these ties of Askarel used in transformers of this type range up to 19,000 lbs. . Various transformer assembling and filling procedures are being practiced throughout the industry. In general, the plants consist of scrap PCBs collected transformer assembling and filling oper in sumps, drums and drip pans; con ations consist of a predrying step for re taminated vacuum pump oils; the frac moving moisture from the transformer tionator bottoms from the trichloroethyl 'interiors, several stages of Askarel filling ene recovery; the caustic bath used at and topping, addition of electrical con some plants, for purposes of paint strip nections and bushings, electrical testing ping; spent detergent wash and rinse and sealing. ' water from capacitor or component Water is not an essential component of cleaning operations; rinse water used hi transformer manufacturing. In general, the welding and plating operations; the process raw wastes from these plants steam condensate from Jet ejectors: the consist of waste Askarel collected ill seal water used in vacuum pumps; water sumps or pans at the filling stations, divided between Aroclors 1242 and 1254. used In pliosphatizlng and fluoride bath: contaminated Vacuum pump seal oil. Only small quantities of Aroclor 1221 water spray used In paint booths: boiler contaminated kcroscne-llke petroleum ' were produced. blowdown; and cooling tower blowdowns. distillate, and contaminated Askarel used JEOERAl REGISTER, VOL 41, NO. 143--FRIDAY, JULY 23, 1974 DSW 318816 STLCOPCB4055681 30172 proposed' rules lor transformer Interior flushing. PCB most characteristic effects in rats are en milar in many respects to those observed wastes which rcacli water streams at largement of the liver, induction of hepa among the population contaminated in these plants arc due to occasional loss tic microsomal enzymes and porphyria. the Yusho incident. during handling and residuuls accumu Reproduction is adversely affected at (6) Persistence, mobility and dcgrad~ lated around drainage systems from past dietary levels at and above 20 parts per ability. PCBs have a long life in the envi operations when insuflicicnt precautions million (ppm; 1 ppm is comparable to a ronment, often in excess of 25 years, but were taken against PCB losses. liquid measurement of 1 milligram per components with three or less chlorine Based on information from five plants, liter (1 mg/1)). atoms disappear rapidly. Mono-, dl. and effluents from plants in this subcategory Rhesus monkeys are extremely sensi tri-CBs are to some extent degraded or ranged from 13,500 gal/day to nearly 1.9 tive to PCBs.' which induce skin lesions metabolized by bacteria, but higher PCBs MGD. These effluents (predominantly and gastric ulceration. Monkeys exposed are resistant to microbial degradation. cooling water) are discharged into the to 2.5 ppm suffered reproductive dysfunc Tetra-clilorinated PCEs can be 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- chlorinated PCBs are resistant and toward PCB removal. Average effluent keys'fed 25 ppm of Aroclor 1248 not only higher CBs are metabolized only j&ry PCB concentrations ranged from less accumulated the PCEs in their adipose slowly. Most environmental residues have than 2 p%l\ 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 across the placenta of one female which higher chlorinated PCBs. plants range from less than 0.002 lb/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 cell* division in certain species of phyto-' Mink are also very sensitive to PCBs. borne particles. Conventional incinera plankton (single-celled aquatic plants). In one experiment, most females died on tion and other disposal techniques do not Some sensitive species are affected at a diet containing 10 ppm and none pro completely destroy PCBs. ~. very low concentrations (0.1 #ig/l). The duced young at 5 ppm. In another test (7) Bioaccumulation and biomagnifi- effects are particularly marked in mixed 0.64 ppm caused total reproductive fail eation. PCBs are strongly concentrated cultures, where sensitive diatoms are re ure and a few deaths. ("bioaccumulated") from water into placed by resistant green algae. (4) Carcinogenesis. On prolonged ex aquatic invertebrates and fish. Bioaccum PCBs are toxic to aquatic insects, crus posure of rats and mice, PCBs cause a ulation factors (concentration of PCBs in taceans, ..and .other jovertebrates at variety of morphological changes in the organisms compared to concentration in concentrations down to a few pg/1. Re liver, including hypertrophy, hyperplasia, water) for these organisms are com production and growth in aquatic in adenofibrosis and nodular hyperplasia. monly in the range.of 20.000-274.000 after- vertebrates are adversely affected at At high dose levels (100 ppm and above) prolonged exposure in the laboratory. concentrations as low as 0.4-0.5 *ig/l. PCBs induce hepatomas, neoplastic However, wnere measurements of con PCBs affect the settlement of larvae and nodules and carcinomas in rates and mice centrations in natural waters are avail reduce the diversity of marine inverte and therefore pose a presumptive carcin able, bioaccumulation factors in fish and brates communities at concentrations as ogenic risk to man. In one experiment, invertebrates are generally larger than low as 0.1 /ig/J. FCB-treated rats also displayed an in those measured in the laboratory. There ` PCBs are acutely toxic to estuarine creased incidence of pituitary tumors. have been reports that certain animals aquatic organisms. For Aroclors 1016, Metabolism of PCBs in mammals and; captured from the aquatic environment 1242 and 3254, the 48-hour LC50 values birds proceeds primarily through arene have apparently bioaccumulated PCBs in lor brown shrimp, pink shrimp, and grass oxide (epoxide) intermediates, which are their flesh to levels of between 3 and 10 .shrimp fall in the range between 9 and biologically active and believed to be million times that of the water concen 32 fig/1. In longer-term bioassays of two highly toxic and carcinogenic. PCEs also tration in which the animals were cap weeks or more, Aroclor 1254 is toxic to have immunosuppressive effects in rab tured. It is important to note, however, the commercially valuable penaeid 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 0.9 to 1.4 /ug./l. Arthropods creased the susceptibility of animals to well as the concentration of PCBs in are affected at 0.1 pg/\. various diseases. which these organisms resided for the Rainbow trout have been killed by ex (5) Human health effects. Humans oc predominance of their life periods, are posure to Aroclor 1248 at concentrations cupationally exposed to PCBs sometimes unknown. . of 3.4 pg/\ in 25 days, and by exposure suffer from an occupational disease Fish in Escambia Bay, Florida, had to Aroclor 1260 at 5 pg.A in 10 days. Spot known as chloracue, characterized by PCBs levels In their flesh 670.000 over and plnfish died when exposed for 14 to long-lasting skin lesions and sometimes the ambient water in which they were 45 days to 5 pE/1 of Aroclor 1254. The systemic disturbances. captured. PCB levels in the waters of longnose killifish has been killed by long In a large-scale poisoning incident in Lake Michigan average around .01 pg/1. term exposure to Aroclor 1254 at a con- Japan in 1968, more than 1,000 persons However, PCB levels in fish in Lake centration of 1 /g/l. > . became -sick with Yusho disease' after Michigan range in the 2 to 20 ppm _ PCBs have adverse effects on survival, ingesting rice oil contaminated with range, -wet weight (16-200 ppm, growth, and reproduction of fish at con-- ' both PCBs and PCDFs. Their symptoms lipid weight) indicating an apparent bio centrations as low as 1 pg/l. In one case, were similar to those of occupational accumulation factor ranging up to at eggs from fish exposed to only 0.1 ^ig/1 chloracne, but also included hyperpig least 2,000,000 In whole fish. Levels of failed to hatch after being placed in PCB- mentation of the skin, persistent eye dis PCBs in some whale and seal blubber Iree water. A variety of other sublcthal charge and gastric disturbances. Chil were feund to be in excess of 1 million in toxic effects have been observed on a wide dren were affected not only by direct the ambient water concentration in range of freshwater and marine fish ingestion of the contaminated oil, but which the animals were taken. .present in waters Ihoughout the country, also prior to birth by transplacental pas-: PCBs are further concentrated ibio- and these are set forth in detail in the sage and in one case a child was contami magnified) from the food of birds and Agency's criteria document for PCBs. nated by its mother's milk. The af mammals into their tissues, especially PCBs generally have low acute toxicity fected persons have improved only slowly Into their fat. Biomagnification factors to birds and mammals, but long-term since 1968 and there are already indica (ppm in organlsms/ppm in food) are dietary exposure leads to a variety of tions of excess cancer incidence. often in the range 1 to 10 after prolonged . chronic toxic effects. The' Rhesus monkey provides an im exposure in the laboratory, but arc often Rots arc relatively resistant to PCBs portant indication for human sensitivity ns high ns 10 to 100 in wild animals and - and usually do not show the charoctcris- to PCBs and. ns noted above, is extremely birds. Humans store PCBs in their fat tic lesions of the skin and stomach ln- sensitive to low levels of exposure. The more efficiently titan any animal for duced in several other mammals. The symptoms following exposure appear si which precise measurements have been FEDERAL REGISTER. VOL. 41, NO. 143--friDAY, JULY 33. IV76 DSW 318817 STLCOPCB4055682 PROPOSED RULES . `' 30173 . made. Tills leads to greater exposure to "ample margin of safety" for all organ sensitive organs and tissues in humans isms under all circumstances. However, than In animals exposed to the same con the data do establish, at this time, that . centrations of pCDs in the diet. The data an ambient water quality level of .001 indicate, in particular, that Aroclors 101C (C/1 should not be exceeded. and 1242 are widely present in fish in the To assess risks to humans, the most United States. This in turn leads to sub critical toxic effects of PCBs are those stantial exposure of humans and other observed in mammals at the lowest ex fish-eating animals. ' posure levels. These include: (8) Ambient water criterion for effects (1) Mortality and reproductive failure 0 natural systems. The foregoing sum in mink at a dietary level of 0.64 ppm. mary briefly highlights the extensive (ii) Increased liver weight in weanling data 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 JCBs pose a serious threat to a wide (including nodules) in the second gene range of aquatic and other food chain organisms, as well as to human health, at ration exposed to 20 ppm. (iii) Stomach nodules and ulcerations very low concentration levels. There ap in dogs at a dietary level of 1 ppm: pear to be some variations in the toxic Stomach lesions have also been reported effects for different isomers. Thus, the more highly chlorinated isomers appear to be somewhat more persistent in the environment, while the lower chlorin ated isomers appear to be somewhat from other species including monkeys, pigs and mink. , .(iv) Reproductive failure, dermal and .stomach lesions In Rhesus monkeys ex posed to 2.5 ppm and deaths at 3.0 ppm. more acutely toxic. These differences are relatively minor, since all Isomers which are significant constituents of commer cial mixtures of PCBs are highly persist ent and mobile in the environment, and <3fdl Isomers display a degree of toxicity Which is a matter for grave public con-, cem. Moreover, the composition of PCB mixtures changes as thev are transported through the environment. There is also evidence that toxic metabolites, or break down products, may be formed, so that (v) Increased activity of hepatic mi crosomal enzymes in rats fed at 0.5 ppm for 4 weeks. (vi) Carcinogenic effects in rats and mice at dietary levels of 100 ppm and above. (vii) Apparent increase in incidence of pituitary tumors in rats at dietary levels of 1 ppm and above. (viii) Widespread presence of PCBs in fish and other organisms regularly con sumed by humans. " the chemical species distribution in a All If these effects are relevant in water body may not be the same as the weighing potential adverse effects of . species distribution of the substance dis PCBs on humans. In particular, the charged. For all these reasons, there ap symptoms of poisoning in monkeys, in pears to be no sound basis for setting dif cluding dermal and gastric lesions, are ferent criterion numbers or standards for parallel to those observed in man: en 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 tho 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 most if not all of the manufacturing-related processes, with the result that potential effluents can be- sufficiently reduced in quantity so tha,t they can be incinerated or other wise disposed of so as to Teduce 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 by incineration. With respect to capacitor manufactur ing wastes, the scrap "PCBs collected in sumps, drums, and drip pans, as well as fractionator bottoms from trichloroeth ylene recovery, are small in amount, and can be incinerated. The same is 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 in phosphatizing and fluoride baths by some different isomers, and accordingly, the zyme induction is a basic biochemical plants can be eliminated, along with the criterion and standards herein proposed effect which has been observed in many entire process, by use of aluminum con are for PCBs generically. species; carcinogenic effects in rodents tainers. -- A criterion level of 0.001 ^g/1 would appear to avoid adverse effects to most aquatic organisms, based upon an an alysis of both laboratory and field data. This level Is based rrimarily on the bioaccumulation properties of PCBs. Fish have been shown to accumulate PCBs by factors as high as 274.000 in the laboratory, while considerably higher factors appear to occur in their natural environments. Based upon a bioaccuinulation factor of 274.000 a concentration of 0.001 /ig/1 could result in bloaccumulatlon to 0.274 ppm in flesh, which is below tho dietary levels which have been shown injurious to aquatic birds and mammals who may feed upon them. In are generally used to predict potential carcinogenicity in humans. - It is difficult to rise the results of these experiments to establish acceptable levels of exposure for humans: - fa) Because many of the listed effects were reported at the lowest dietary levels investigated; (b) because humans are exposed for much longer periods (including prenatal exposure) than the experimental ani mals; and (c) because humans are known to store PCBs in their tissues more efficiently- than the experimental ani mals. These data do, however, further support the proposition that an ambient water quality level of .001 g/'l should not be exceeded, and, beyond this, that Capacitor manufacturers who use steel containers generally paint their products, which produces a waste resulting from water spray used to control paint par- . tides and fumes. This process can be eliminated through use of aluminum containers which need not be painted. If painting is nevertheless desii-ed, effluent discharge can be avoided by use of an air or electrostatic system instead ol 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' demineraliza tion or, alternatively, by incineration of blowdown. Any solid waste residue, which ' addition, however, there is evidence that every reasonable effort should be made to will not indnde PCBs, can be disposed of In some waters some fish bioaccumulate limit discharges of PCBs in order to mini by landfill. Boiler blowdown, which is not at rates roughly ten times this, and in mize human exposure. likely to contain any PCBs. can be sealed waters where the chronic level generally exceeds .001^g/l, such ns Lake Michigan, there is evidence of sublcthal toxic ef fects on the fish. In proposing this ambient water cri terion the Agency recognizes the possi bility that such water quality level may not provide absolute safety for nil orgnnlsms In Ml waters. Indeed there prob (9) Control technology available. At the present time there are no direct dis charges of PCBs from a PCB manufac turer and thus no in-place technology to evaluate. The only U.S. manufacturer, Monsanto, discharges to the Sauget. Illi nois POTW. With respect to process waste effluents from TCBs users, water is unnecessary to the processes Involved in drums and landfilled or treated by the activated carbon treatment system. With respect to transformer manu facturers. as with capacitor manufactur ing. all scrap PCBs cbUected in sumps or pans can be incinerated. Contaminated vacuum pump seal oil. petroleum distil late, and askarel used lor transformer interior flushing can also be Incinerated. ably Is no numerical concentration level in the manufacture of liquid-filled ca Each of these controls has been demon- above r.cro which one ran at this time pacitors or transformers. Consequently stinted by use by at least one of the any with great confidence provides an for process waste (with certain specified covered plants. FEDERAL REGISTER, VOL. 41, NO. 143--FRIDAY, JULY 23. 1B a***** \ STLCOPCB4055683 30474 PROPOSED RULES -Several potential sources of process-re sufficient information was available to those permit proceedings are less strin lated waste may in some cases result In evaluate these systems. gent than the limitations which would be effluents which cannot be avoided feasi < 10) Economic impact. Hie Agency required by these proposed standards bly In the near term: Rinscwater used In 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 end scrubber and quench water from with the standards proposed at this lime. nology, costs, and resulting economic im- ' incinerator operations. Tile Agency has made a preliminary as pacts associated with those limitations as These categories of process-related dis sessment of costs and economic impact, compared with the standards hereinafter charges, as well as non-process related whicli is summarized below. Preliminary proposed. If interested persons believe effluents, Including plant washdown, non cost estimates, as set forth in the report that a modified standard is prclerable to contact cooling water, and runoff from submitted by Versar. Inc. (See Appendix that proposed, 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 carbon 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 far standard. In dis . whereby dissolved or sorbed PCBs in formers and capacitors), thus identifying cussing the establishment of an 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 waste Inflation Impact Stateemnt (US) pur v-g/1 should not be exceeded and, in addi streams contain concentrations of PCBs of less than 1 mE/1 up to about 500 Mg/1 with many instances occurring in the 10 to 50 Mg/1 range. While several of the plants have practiced PCB segre gation to keep the quantity of con taminated wastewaters as low as possible, none has installed full scale terminal ^PCB removal facilities. - The EPA through its contractor, Versar, Inc., has identified a technology which will reduce the PCB concentration In wastewaters to 1 r-g/l or less and suant to Executive Order 11821. A more tion, that every reasonable effort should detailed assessment is currently being be made to limit discharges of PCBs in prepared by the Agency, and will be ac order to minimize human exposure. In companied by an IIS, if necessary. The deed the data suggest that to provide an availability of these documents upon "ample margin of safety" for human their completion will be announced In health, and possibly for some other or the Federal Register, and public com ganisms as well, an ambient water criments thereon will be invited. These terior far lower than .001 me/I may be re documents, together with all public com quired, though at this time one cannot ' ments thereon which are received -by the -confidently identify.any specific number Hearing Clerk postmarked not later than above zero. thirty days following the aforesaid notice At the present time, even if every point of availability of these documents, shall source discharge were prohibited. PCB . which is capable of being installed within be made a part of the record of these concentrations in the water would remain one year. The identified system is based upon activated carbon adsorption, fol lowing primary treatment consisting or sedimentation, filtration, and skimming. The feasibility of achieving the 1 mS/1 or less level has been demonstrated in laboratory tests conducted cooperatively between Yersar, Inc., and two activated carbon suppliers. Carborundum Com pany and ICI-U.S. The system consists of an equalization-settling tank and rulemaking proceedings (see Public Par for a long time not only above zero, but ticipation in Rulemaking Process, below). in some water bodies, above'.001 pg/1. The standards are being proposed at this Moreover, since the capability does not time prior to completion of the economic exist presently to measure PCB conceit- impact assessment in light of the order . tralions below 0.001 Mg/1 with any rea and decree entered by the United States sonable degree of .reliability, no useful District Court in Natural Resources De purpose would be served in establishing fense Council et al. v. Train, Civ. No. a criterion number below this. ' 2153-73, and consolidated cases, on June. 9,1976, requiring proposal of these stand ards by July 14,1976. In light of the foregoing considera tions, the Administrator has weighed carefully the desirability and feasibility . mixed media filtration followed by car The Agency's preliminary assessment of Imposing a prohibition on any dis bon adsorption. Fioafablcs and sludges of costs and economic impact suggests charge of PCBs from any point source. from, the equalization-settling tank and that transitional impacts may be signifi In the case of existing manufacturers, spent carbon are disposed of by incinera cant. The preliminary estimate of the this can be done since the only present tion. Carbon adsorption has also been cost of compliance indicates aggregate PCB manufacturer does not have a direct successfully used in full-scale operation capital costs for the direct dischargers of discharge. A similar requirement is im to achieve removal of pollutants other $12 million and total annual costs of $7 posed upon new PCB manufacturing than PCBs down to comparably low million (based on a 3-year depreciation sources, who would be required in effect levels. _ schedule). The annualized costs repre to either achieve a completely closed sys Based on work performed cooperatively sent 5 to 21 percent of current selling tem or discharge into a POTW. With re between Versar, Inc., and Houston Re .prices for transformers and 3 t-o 17 per spect to transformers and capacitors, * search on one system and West-gate Re cent for. capacitors, the indicated ranges both these industries provide important . search on another system, it was indl- resulting from the types of transformers, products to tlie United States economy cated that systems employing ozonation and capacitors produced. These costs may for which there are no 'presently proven In conjunction with ultraviolet radiation be of sufficient magnitude to induce clo substitutes. Moreover, the best reduction can be designed to achieve any desired sures of some small and/or marginal levels whicli available technology can effluent PCB concentration. Preliminary plants and conversion to substitute ma acheive with respect to an effluent dis comparisons of the capital costs between terials for others. It Is not certain that charge containing PCBs appear to be 1 the ozone-UV system and activated car such conversions could be carried out in Mg/1 through the use of carbon adsorp bon system show at icast a 100 percent the one year allowed by the Act without tion treatment. This exceeds the ambient greater cost for the ozone-UV system. causing disruption of the supply of trans water criterion by three orders of magni When pretreatment costs are included formers and capacilors. Additional anal tude. the ozone-UV system Is only about 10 ysis will be carried out to assess more Discharge of relatively modest amounts percent higher than activated carbon. completely these types of impacts, os well of a pollutant into the water at many It Is doubtful however, that the ozone-UV os to Identify other types of economic times the ambient water criterion may be system could be installed within one year, effects. allowed, however, -without necessarily . the maximum period of lime between In addition, the EPA is currently en failing to provide safety for affccied or promulgation and the effective date of gaged In Issuing NPDES permits pur ganisms. First, tlie actual discharge con these standards. suant to section 402 of the Act applicable centration docs not normally remain the Ollier systems evaluated Included ad to point sources which will be covered ambient concentration. In fact, the cf- sorption by polymeric resins, catalytic by those proposed standards. In some in fluent, disperses following discharge and ` reduction and catalytic oxidation. Xn- stances the limitations being proposed in becomes greatly diluted. Tlie area of dl- KOERAl REGISTER, VOt. 41. NO. 143--fRIOAY. JULY DSV\J 318819 STLCOPCB4055684 PROPOSED RULES 30475 lutlon is often referred to as a "mixing .zone", and will vary in size and shape Type o/ technology Wastewater type applied most receiving waters, in the achieve ment of the degree of protection envi from one body of water to the next and from one discharge to the next. The re sult of this phenomenon is that once the effluent reaches the outside of the mixing tone, the pollutant concentration may have become diluted by a factor of sev Holler blowdowns. Incinerator scrub ber water. Process-associated wastes.' Filter, demineralize, sioned by the Act. The Agency recog and recycle, nizes. however, that there may be a lew pretreatment and car bon adsorption to 1' Hg/1 or less. Pretreatment and car cases where, because of local receiving water conditions, notably with respect to hydrology, sufficient dispersion and dilu bon adsorption to 1 tion may not take place. To deal with eral hundred or more, and indeed may or less. such cases, { 129.7 of Subpart A (the not even be detectable by the most so Sanitary waste ToPOTW. . general provisions of Part 129: see stand phisticated monitoring equipment. Con- waters. ards proposed on June 10. 1976. 41 FR cedcdly, in some instances there may be Rainfall runoff.... Enclose areas or pre- 23576) allows the applicable NPDES per adverse effects on some organisms in the Immediate vicinity of the outfall. How ' - treatment and car |>on adsorption. mit issuing authority to impose such more stringent effluent limitations as may ever, for chronic effects to be observed, * Includes hot 60ldef dip rinse water, be required in order to achieve or ap the exposure time would have to be quite phosphatlzlng bath wastewaters, tin plating proach the ambient water criterion level. lengthy--perhaps a lifetime. Even acute bath and rinse waters, fluoride bath and In this case .001 p.g/1, at least beyond the .toxic effects, which normally occur at rinse waters and painting water spray. These boundaries of any reasonable mixing much higher dosage levels than chronic are small In volume and may occur In only zone. In addition, more stringent levels effects, are generally recorded based upon a single plant. . - may be imposed to meet any applicable a 96-hour exposure. Because of the ex Using this technology results in a pro water quality standard, see 129.5(e). It traordinary persistence of PCBs reliance hibition on discharge of PCBs from any is possible that an exercise of these pro on mixing zones, while of assistance in point source to the navigable wraters in visions could result in a plant closure. the immediate future, cannot be regarded volving solely process wastes with the However, by allowing some considera as a long-term solution to the problem. exceptions noted in the above table, which tion for technology in the initial stand In developing the proposed standards, would be treated with activated carbon ard-setting, even though consideration of the Agency also considered the availa to the 1 pg/1 level or lower. This tech ecological and health effects are para bility of substitutes for PCBs in trans nology substantiates a standard of a mount, the approach taken under these formers and capacitors. Several com prohibition of PCBs in process wastes standards makes it reasonably probable panies have developed products which (except for certain specified wastes) and that if there are to be any shutdowns, they believe are an adequate substitute treatment of other discharges with acti they will occur only after a site-specific JCor PCBs in transformers and efforts .are' vated .carbon, reducing PCBs to 1 pg/1 examination, and only because of a fail under way to develop substitutes for or less. Although occasional deviations ure to meet the safety requirements of PCBs in-capacitors as well. At this time, are unavoidable, at no time may any section 307(a). however, it is still too early to determine such allowed discharge exceed 5 pg/1 for Finally, it is recognized that to allow a with confidence whether the substitutes samples representing a working day. discharge at the proposed levels may pose are not only functionally effective but, in For new sources, where further tech-- some risk of adverse effects to some or addition, are safe in terms of potential nology advances can be reasonably ex ganisms, particularly those located near fire hazard and other safety considera pected, a more stringent limitation may the outfall, and possibly to the consumers tions. and are environmentally safe. The be set to take such expected advances thereof. However, based upon prelimi Agency has concluded that it cannot at into account, including advances in con nary information, this risk is deemed to this time set a toxic pollutant effluent trol technology and in substitutes for be outweighed at this time by the social standard, or prohibition on discharge, PCBs. Limitations of 0.1 f<g/l on the daily and economic benefits represented by not upon the assumption of the ready avail average per month and 0.5 pg/1 maxi setting a standard which would force ability of a substitute product. However, mum at any time should be achievable widespread closures of plants manufac . the Agency is pursuing an active policy to (the ozonation-UV data so indicate) and turing capacitors and transformers, encourage industry to develop as rapidly are therefore proposed as new source which would in turn be likely to sharply as possible.feasible substitutes for PCBs. standards for non-process wastewater curtail the nation's supply of these essen ' Because of the absence of any proven discharges from transformer and ca tial products, or lead to importation of satisfactory substitute for PCBs in cer pacitor manufacturers, and from dis products containing dielectrics which are tain transformers and capacitors, it charges resulting from scrubber and even more environmentally hazardous. must be recognized that to impose a pro quench water from incinerator oper (12) Subsequent revieto of standards. hibition on all PCB-containing effluents ations. For the reasons discussed above, It continues to be the goal of the Agency at this time would probably cause a se no new source discharge of PCBs will to reduce the presence of PCBs in the vere impact on the transformer and ca be allowed which result from jet ejectors environment to the greatest extent pos pacitor manufacturing industries which or rinsewater from welding or plating sible as rapidly as feasible, for all of the utilize PCBs, and deprive the nation of operations. reasons outlined above. Indeed, as addi the future availability of products which The maximum daily permissible con tional data become available to the Agen utilize such transformers and capacitors. centration is based upon an application cy. it may be necessary to revise in sub Accordingly, in the proposed standai-ds factor- of five times the maximum aver sequent proceedings both the standards the Administrator is requiring that dis age monthly concentration factor. This and the ambient water criterion estab charges be prohibited where possible, and is provided to take into account the fact lished pursuant to the present rulemak that other discharge comply-with the that occasional daily concentrations ing In the direction of greater stringency very best results which available tcch- may exceed the required maximum in order to provide the degree of safety . nology can achieve. For the manufactur monthly average. They should not be required by the Act. ing of transformers and capacitors, the allowed at any time to exceed the lowest The Agency is obligated to review and standards are based on the following tab feasible ceiling, however, and the where necessary, revise its section 307(a) ulation: Agency's information with respect to standards at least every three years. The Wastewater type Hon-contact cool ing water. . Steam Jet conden cate. Type o/ technology applied ' Cool In closed radiator system and recycle.- Replace steam Jets with mechanical pumps. carbon absorption and analogous treat Agency intends to review the proposed ment techniques indicate that a variabil standard one year following promulga ity factor of five is achievable and tion, with the expectation that industry reasonable. Will have made significant strides to Translating an ambient water criteri wards the development of reliable sub on number to an cnd-of-thc-pipe stand stitutes for PCBs, as well ns in the field ard is at best an imprecise calculation. of control technology, so that a prohibi Detergent washing Replace with solvent The dispersion and dilution fnctors dis tion on all discharges of PCBs in any in water. vapor degreasing. cussed above are expected to result, in dustrial effluent can be considered at that FEDERAL REGISTER, VOt. 41, NO. 143--FRIOAT, JUir 23, 1976 DSW 318820 STLCOPCB4055685 $M7$ PROPOSED RULES time. Including sources not covered by thirty days following the aforesaid notice Sec. (be standards proposed at this time. of availability. Ail parties to the public 129.7 Requirement and procedure for JIT, Punic Participation in Rulemaking . Process .. 4 public hearing to consider the pro posed effluent standards will be held pur hearing on the proposed standards shall be allowed a reasonable opportunity to examine this economic impact assess ment and any comments therein, and to respond thereto on the record. To this . establishing a more . effluent limitation. 129.8 Compliance date. 129 0-129.99 (Reserved |' 129.100 Aldrln/Dleldrln. 129.101 DDT. DDD and DDE. stringent . . suant to section 307(a)(2) of the Act limited extent and for this limited pur 129.102 Endrin. commencing on August 20,1976, at 10:00 pose only. I hereby waive the time dead 129.103 Toxapheue. . #,m. In Room 2409, Waterside Mall. U.S. line requirements for the filing of pub 129.104 Benzidine. - Environmental Protection Agency, 401 lic comments under 5104.3(d) of the 129.105 Polychlorinated Biphenyls (PCBs). %/f. Street, SW., Washington. D.C. In ac Agency's Rules of Practice for Public Authority.--Sees. 307, 308, and 501 of the cordance with the Agency's rules of prac Hearings on Effluent Standards for Toxic Federal Water Pollution Control Act Amend tice governing public hearings on effluent Pollutants, 40 CFR Part 104, as amended, ments Of 1972 (Pub. L. 92-500. 86 Stat. 616, Standards for toxic pollutants, 40 CFR 41 FR 17898 (April 29, 1976), so as to 33 UE.C. 1251 et scq.). Part 104 as amended, 41 F.R. 17898 et $eq. (April 29, 1970, the first hearing day shall Include a prehearing confcrOnce at the above time and place. All 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 2. Subpart A of Part 129 Is further amended by adding new paragraph (f) to 129.4 to read as follows: ' persons interested in participating in those hearings as objecting parties the public hearings to be conducted on these proposed standards to ensure that 129.4 Toxic pollutants. Should refer to the amended rules of the record includes all materials which (f) Polychlorinated Biphenyls (PCBs) practice, 41 P.R. 17898 etseq., and should.- are filed in conformity with this para --polychlorinated biphenyls (PCBs) Tiot rely on previous editions. Any per graph. The Agency has the legal author means a mixture of compounds composed son who has any objection to any stand ity to modify or waive strict compliance of the bipenhyl molecule which has been ard proposed herein may file with the with Its rules of practice in exceptional' chlorinated to varying degrees. Hearing Clerk (A-100), Room 1019 WSME, U.S. Environmental Protection Agency, 401 M Street, SW., Washington, .D.C. 20460, within 25 days of the date of circumstances such as the foregoing when the ends of justice require. Cf. American Farm Lines v. Black Ball Freight Service. 397 U.S. 532 (1970) and 3.'Subpart A of Part 129 is further ariiended by adding new 129.105 to read as follows: ^ffis notice, a -statement -of -objection in eases-cited therein. - J 129.105 Polychlorinated biphenyls triplicate which shall meet all of the re quirements of 40 CFR 104.3 (a) and (b). These Sections require, among other things, actual receipt by the Hearing Clerk of any objection within the aforesald time. 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 foregoing, any per son Interested in this proposed rulemak ing but who does not participate as a party In the formal hearing may submit Written comments to the Agency on the proposed rulemaking. Such comments 6hould be filed in triplicate, if possible, and should be addressed to: Hearing Clerk (A-100), Room 1019 WSME, U.S. Environmental Protection Agency, 401 M Street, SW., Washington, D.C. 204G0. All comments which arc received by the hearing clerk and which arc postmarked on or before August 20.1976 shall become a part of the hearing record in the man ner prescribed in 40 CFR 104.3(d) and shall be considered by the Administrator prior to the promulgation of final stand- ards. . In addition. In accordance with the discussion above concerning economic, impact of the standards proposed at this time, the Agency will publish in the JVujeral Register approximately ninety days following the date of publication of Dated: July 14,1976. . Russell E. Train, Administrator. (PCBs}. (a) Specialized, definitions. (1) "PCB Manufacturer" means a manufacturer who produces polychlorinated bipenyls. . Appendix A ~ (2) "Electrical capacitor manufac 1. Criteria Document for Polychlorinated Biphenyls (EPA, Ian C. T. NIsbet, Ph. D., 1976). Including general Introduction. 2. PCBs In the United States Industrial turer" means a manufacturer who pro duces or assembles electrical capacitors in which PC3 or PCB-containing com pounds are.part of the dielectric. Use and Environmental Distribution (Do& (3) "Electrical transformer manufac No. EPA 560/6-76-005 February 25. 1976). 3. Assessment of Wastewater Management, Treatment Technology and Associated Costs for Abatement of PCBs Concentrations in Industrial Effluents (Doc. No. EPA 560/6-76 006 February 3,1976). 4. PCBs Water EHmlnatlon/Reducllon Technology and Associated Costs, Manufac turer" means a manufacturer who pro duces or assembles electrical trans formers in which PCB or PCB-containlng compounds are part of the dielectric. t4) The ambient water criterion for PCBs in navigable waters is 0.001 ns/\. (b) PCB Manufacturer--(1) Appli turers ol Electrical Capacitors and Trans cability. (i) These standards or pro formers; Addendum to Final Report, Task II hibitions apply to: (July 2, 1976) (supplements Item 3). (A) All discharges of process wastes; 5. Conference Proceedings of the National (B) All discharges from the manu Conference on PCBs (Doc. No. EPA 5G0/6-75004; Conference held November 1975; pro ceedings published March 1976). 6. Notice of Proposed Rulemaking: EPA facturing or incinerator areas, loading and unloading areas storage areas, and other areas which are subject to direct Proposal ol Toxic Pollutant Effluent Stand contamination by PCBs as a result of the ards lor Aldrin/Dlcldrln, DDT (DDD, DDE), manufacturing process, including but not Endrin and Toxapheue, 41 FR 23576 (June limited to: 10,1976). (1) Stormwater and other runoff: 1. Ill 40 CFR Part 129, Subpart A (as proposed at 41 FR 23576 (June 10, 1976) and"amended at 41 FR 27017 (June 30, 1976) the table of contents is further amended to read as follows: (2) Water used for routine cleanup or cleanup of spills. . (ii) These standards do not apply- to stormwater runoff or other discharges from areas subject to contamination solely by fallout from air emissions of this notice of proposed rulemaking an announcement of the availability of the Agency's economic impact assessment with respect to the proposed standards. PART 129--TOXIC POLLUTANT EFFLUENT STANDARDS Subpatt A--Toxic Pollutant Effluent Standards and Prohibitions ' ' PCBs; or to stormwater runoff that ex ceeds that from the ten year 24-hour rainfall event. (2) Analytical Method Acceptable. En- The document or documents setting forth this assessment shall be made part of the record of the rulemaking proceed ings on these proposed standards, to gether with all comments directed spe cifically thereto which are received by the Hearing Clerk at the above address, Sec. 129.1 129.2 129.3 129.4 129.5 129.0 Scope and purpose. Dcllnitlons. . Abbreviations. . ' ' Toxic pollutants. ' Compliance. Adjustment of effluent standard for presence of toxic pollutant in the vlronmcntal 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 arc prohibited in any dis find Wlilch ore postmarked not later than Intake water. . . charges from any PCB manufacturer. KDtRAl REGISTER, VOL 41. NO. 143--FRIDAY, JULY 23, 1976 OS\N 31 a821 STLCOPCB4055686 PROPOSED RULES 30477 * (ii) New sources. PCBs are prohibited chlorinated biphenyls concentrations ex ceeds that from the ten year 24-hour in any discharge from any PCB ceeding an average per working day of rainfall event. manufacturer. 1 fie/1 calculated over any calendar (2) Analytical Method Acceptable. En (c) Electrical capacitor manufac month: and shall not exceed 5 me/I in vironmental Protection Agency method turer--(1) Applicability. (1) These stand sampleCs) representing any working day. specified in Part 136 of this chapter, ex ards or prohibitions apply to: (ii) New sources. <A> PCBs are prohib cept that a 1 liter sample size is required (A) AH discharges of process wastes: ited in any process "wastes discharged to increase analytical sensitivity. and with the exception of scrubber and (3) Effluent standards--(i> Existing (B) All discharges from the manufac quench water from incinerator opera sources. (A) PCBs are prohibited in any turing or incineration areas, loading and tions: and process wastes discharged, with the fol Unloading areas, storage areas and other (B) All other discharges from a capac lowing exceptions: areas which are subject to direct con itor manufacturer shall not contain (1) Water used in welding, plating or tamination by PCBs as a result of the polychlorinated biphenyls concentrations painting operations: and manufacturing process, including but not exceeding an average per working day of (2) Scrubber and quench water from limited to: 0.1 nil\ calculated over any calendar incinerator operations. <1) Stormwater and other runoff; and month: and shall not exceed 0.5 ^g/1 in (B) All other discharges (including (2) Water used for routine cleanup sampleCs) representing any working day. each of the exceptions set forth in the or cleanup of spills. (4) The standards set forth in this. preceding section (A)) from a trans (ii) These standards do not apply to Subsection shall apply to the total com former .manufacturer shall not contain stormwater runoff or other discharges bined weight or concentration of PCBs, polychlorinated biphenyls concentrations from areas subject to contamination excluding any associated element or exceeding an average per working day of solely by fallout from air emissions of PCBs; or to stormwater runoff that ex ceeds that from the ten year 24-hour rainfall event. (2) Analytical method acceptable. En vironmental Protection Agency method specified in Part 136 of this chapter, ex cept that a 1 liter sample size is required jtoJneraseanalytical sensitivity. (3) Effluent standards--(i) Existing sources. (A) PCBs are prohibited in all process wastes discharged with the fol lowing exceptions: (1) Water used in welding, plating or 'compound. (d) Electrical transformer manufac- . turer-- (1) Applicability, (i) These standards or prohibitions apply to: (A) All discharges of process wastes; and (B) All discharges from the manufac turing or incineration areas, loading and -mHoadins-arfas.^torage.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; (I) Stormwater and other runoff; and. 1 *ig/l calculated ever any calendar month; and shaU not exceed 5 ^g/1 in sample (s) representing any working day. (ii) New sources. (A) PCBs are pro hibited in any process wastes discharged, with the exception of scrubber and quench water from incinerator opera tions; and ' (B) All other discharges from a trans former manufacturer shall not contain polychlorinated biphenyls concentra tions exceeding an average per working day of 0.1 fig/1 calculated over any calendar month; and.shall not exceed 0.5 /l in sampleCs) representing any painting operations; and - (2) Water used for routine cleanup or 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 (including each of the exceptions set forth in the preceding section (A)) from a capacitor (II) These standards do not apply to stormwater runoff or other discharges 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 poly PCBs; or to stormwater runoff that ex (FR Doc.76-21354 Filed 7-22-76;8:45 am] 1 FH>EEAL REGISTER, VOl. 41, NO. 143--FRIDAY, JULY 23. 1976 DS\N 8822 STLCOPCB4055687