Document Rjj9dDjw5Z9mpR2GGvwYRYDN7

:?S * John L Kimberley Lm< Ifw bt Im *--fi--o*. to*. / SM kwtm, taw. .. .. ft ? j January 13, 1971 *?; -j -2 :,2 yi i i % i " i i TO: SUBJECT: ATTEWTICB: ALL U.8. MXBER CCKPAJTIZS 0T I1A ALL SUPPORTHO CCKPAHIES OT LX IOT nCLUDE) VHH LU WATER QUALITT ACT OP 1970 AS AXEXDED WHITE EOUGI EXECUTIVE CSSES #1157** of December 23, 1970 ___________________________________ Gentlemen: The federal Government under the subject La* and Executive Order, la entering Upon a crash program intended to improve the quality of United 8tatea waterways and water bodlea. IT thla mailing Is a duplication of material from other sources our apologies - but urgency is Indicated and the endosurea and atateatents herewith may add to your knowledge of what is going to be required. Enclosed are: 1. Copies cf pages 20005-6-7-8 and 9 froa the federal Register (Volume 35 Bo. 253) of Thursday, December 31, 1970. This covers permits for discharge or deposits into navigable waters and other matters. 2. Copies <nf White House release of December 23 and the Executive Order #1157^, also of December 23. 3. A copy cif a descriptive statement "Effluent Requirements fer Industrial Wastes" U. A fact mheet "Initiation of a Permit Program Under the Refuse Act for Water Quality Enforcement Purposes". 5. A copy -vf a tabulation covering industries to be covered In the first year's work anu Including the listing of contractors who will be working with the various industries. 6. A copy mf the Proposal by Oumham and Associates, Inc. to PV^A-Environmental Protection Agency which has been accepted. Ournham t, Associates Is the contractor <Ano will be working with our industries. i * * i l ir i r l 1 St e ; S: K fc: J Madison Avenva, Nm Vo *. n . v. tooir f l 9 -2- A large number of trade association executives were Invited to Washington on Thursday, January 7, for a briefing on this problem. The Briefing vu presented by the Water Quality Office, Environmental Protection Agency, which will be retponalble for the development and enforcement of whatever regulations are forthcoming. The federal Agency would appear to be working against an existing difficult and quite likely impractical tiae schedule. It Is Intended that the federal Agency know its course before Key 1, 1971. They Bust establish: 1* The criteria to be used concerning industrial effluents, (lo numbers to date), 2. The nature of the various types of water concerned. 3. The base level of effluents to be permitted. k. The minimum effluents if controls are applied using the best technology. This information will be needed in order for 7UQA to evaluate permits which nust be applied for starting July. KISCELLAXEQUB PtPORTAJtT COBStDEBAnOlB; A VITAL Prompt action will Involve cooperation with contractors who have been retained as per attachment 5 to submit report* (1 think by the end of february). The statement was flatly made that If Industry choose* not to cooperate, the Govern* ment will go forward regardless. I have seen Gumbam A Associates of Chicago who has the contract* covering our lndustrlei. They will aJcLIA and the El to help them and quite probably will forward questionnaires to be filled out by number or supporting companies. They may visit some plants. B - Each industry will be asked to appoint or to suggest: one technically qualified individual to work on a ccamittee to advise the Government and contractors. These committees will be called on to meet - perhaps one week's notice - before Key 1 (perhaps much sooner). It is extremely doubtful that copies of contractors reports will be available In advance for committee consideration. (More on this later). C - The existence of extreme executive pressure on the Water Quality Office was obvious. They were frank to admit that the original numbers to control effluents (as to be developed) will be subject to re-evaluatlon within three years naxlsum. D - There apparently will be more than 2 levels of consideration and poselbly 2 levels of standards depending upon whether ! t- s \ t i i 5l e tlfrtfoBi8ff ^ for-M ii^ n lrtr^fii mi --^ ifH ^ T iif* ^ - l i : ^ ' r\ - - j ' n- tnt^iriiin - -- ^ f- ^ .. * -3 - a) the plant exlata, b) li to be built, c) li to tx modified, 4) la cn navigable stream or tributary or ) la ao Isolated that any water body la of no eonaequenc*. 1 - Porm* for permit application - to be Submitted by Industry before July 1, 1971 ~ do not yet exist. P - Induatrles not covered In the original 21 Hated can expect action from ~ Washington vithln one year. G - Cbemunlcatioo* or questions on tbia development abould be addreaaad to the Office ~ of Water Quality torlrocmental Protection Agency, Vaahlngton, D.C. 20242. Mr. Michael LaQraff, Director of Technical Support la charged with major re spoil* 1bllity In the formation of the program. Ela telephone mother la code 703-5571941*. Another man, seemingly well Informed, la Mr. Albert Print* of the same addreaa and code with telephone number 557-7725. Print* will apparently direct enforcement. It 1* intended that this statement, with attachment*, will permit you to amfce an advance atudy of the problem u it will relate to your operation* and better prepare you for the permit application which will be required, by letter. If forma are not developed. LIA and ZI are sending thla information to no one else In your company. Tcu will shortly receive questionnaires from Qurchsa and Associate*. Pit ass forward the presently enclosed document* promptly to the proper person In your organisation and the questionnaires later. Since] td JU/ft Bids. J. L. Kimberley ' Executive Vice President > LI AIM 12 xenjr.yaMnaiWf.- triAjfeptofc. HOfOSED fcUlt RAKING \ /<*'. )oo09 Mek gotoM* nr (ft or ft) Ktn m ** Um imtAMt f iywmawi la mm b mu m vita (to *tW r^Otos Mr Wit* rwpaoa to rt0or 04/ 01, tto Mp**4iirK* W Cm<--mk t irvo n u*au* u o^n*ctrW* rvpair* *i Um tlma W* Imc o c m Ui rvtuem lor lt> li IU*4 Mc*ul Ut4 M (to In lormoitoa a*jUbto wtoa (to Immiw V*4 tvtwro lor 2*7* It iM, acfa topatoJlurw W*ul4 to *tou(tt>l Vj mmm (4 rp4kkUo* of oocUoa ICJ() but for Ito Uct (to* n i>o< to ufeU*to4 aKettor (to *0fvrevnt UmIUUoa to p%r^r*4^K ()(M < Utto McUofi vUI to lUHnd HfrmhrMH, toe**** ouch spctoitvrtt during (to period Of 11 o*l44r meoUd uveludiaf c*lA*ar IDOOtto OrOMcbrr 1070 Ia 4 HowmUr 1171 MflMd 13.000, Um D-cMtor 2170 /atoWUlt** VIo q spvtotturw art 4o* b)ect to UM prveWon* of ooctioa **]<). D-cauM mk ratobditauo* **peo4j(u/* *\m| iM p** nod 01 11 eatotos/ aaoetto toeltolog cal* --idof Banuu rvbevary 1171 u>4 Jooaorf tm h c M *3.000. robotiinoLioo oiposdU two* to 107} 1/1 KM wb)oct M (to pwM Mono of oocuoa tOlfe). a^UWly. tto 1*71 fo/MbtmoOoo Ktponditurw in k m mbj*d to (to proTliiooi of mc Uo o M(). If*. Dm. X-37U2; ru*4. Dm. M. im ^ l ot UL| DEPARTMENT OF DEFENSE D)f1atftl ( lh* Amy, Corps ft ,, Englnft 113 CTI Part 209 ] >HM/TS FOR DISCHARGES 01 DEFOStTS INTO NAVIGABLE WATERS Frtfnt^ Folky, Frarflc*, o/wd Frwc+dww JtoUet to hereby riven th*t the regula tion* aet forth In lenUUvt form below on proposed fay the Secretory of the Army (acting through the Corps of En gineer*). The proposed regulation pre scribe* Us policy. practice. and procedure to bd folio* cd fay all Corps of fcigtneer* tnsUlUUoru and actlviue* in connection *iih applications tor permlu authorizing discharges or deposits Into navigable eaten of the United Stale* or tnto ony tributary from which dis charged matter (hall float or be washed tnto a navigable eater (S3 Uj BC. 407), Prior to the adoption of the proposed regulation consideration will be glren to any comments. surge*Uoo*. or objection* thereto which are submitted in writing to the Office of the Chief of Engineer*. Washington. DC. 20314, Attention: ESOCW-ON, withI ft i period of 45 day* from the date of pebHeaOoa of thla none* tn tha Ftmii Rrczmo Dated: December 23, 1979. r. r. Ko s k a Jftfor Geaerai. VJ. Army. Director o/ Cirtl Work*, | 207.1)1 Pevtolla far iMurfcM or 4m . P III Ula Ml ^Uc KMffi. (a) IVpOM 4 rcope. Thto rt(uU* Uon prooibe* the policy, practice, and procedure to bo foDoved by aQ Corpd of Ehclneen lrvaUtUlloriK and dCUHlle* Ib oonnecUon with application* for per* mlla avOwtftxlnf dlacharfet or depoatu Into harlrobW water* of th* United BUtea or Into any tributary from which diachorfed matter ahall float or be waahed into a ndvlrabla water. (fa) Veto a ad rrecvflt* order dafBor* Uinf perm If*. (I) SecUoo 13 of the Act approved March I. JIW (33 U^jC. 4CT7), hereafter referred to ad th* `Ttrfuad Act," provide* In part that H U unlaw* ful *to throw, dlachartO, or depoait. or tituf auffer, or procure to be thrown, (Uncharted, or depoaited either from or out of any ah Ip. barce. or other floaUn* craft of any kind, or from the ahore, wharf, manufacturlnc e*tabUahment, or mill of any kind, any refute matter of any kind or deacrlpUon whatever other than that flowing from streeta and lever* and peuinc therefrom In a liquid ftate. tnto eny navieable water of the United Slate*, or into any tributary of any navieable water from which the am* ahaU float or be waahed Into tuch naricaUe water A ad provided further. That the Secretary of the Army, whenever In the Judgment of the Chief of Engineer* anchor*** and narifaUoa win not be injured thereby, may permit the depoait of any material above nun* tlocved in navigable watera, within limit* to be defined and under condition* to be prescribed by him, provided applica tion to made to him prior to deporting mch material; and whenever any per mit U ao granted the condition* thereof has be strictly complied with, and any TloialloQ thereof shall be unlawful." (3) Executive Order No. 11374 (dated December 23. 1970) direct* the Imple mentation of a permit program under the authority of the Refuse Act and provide* for tha cooperation of affected Federal agencies In the administration of the program. (c) Aeiofed legislation. (J> Section 21 (fa) of the Federal Water Pollution Con trol Act ax amended (33 U5.C. 1151 et eq.) (see particularly the Water Qual ity Improvement Act of 1970 (Public Law 91*434. 44 ut 103)). reflect* the con cern of the Congress with maintenance of applicable water quality standards and. subject to certain exception*, requires any applicant for a Federal licence or permit to conduct s&y activity Including, but not limited to, the construction or operation of facilities which may result In a dL'charye Into the navigable water* of the United Stales to provide with his application an appropriate certiflcaUon that there la reasonable assurance that such activity will be conducted in a man ner which will not violate applicable water quality standards. Hereafter, sec tion 21(b) w ill be referred to as a section of the Water Quality Improvement Act cf im (2) The concern of the Congress with the need to encourage the productive and enjoyable harmony between man and Ivla environment and the need to promote ef fort* which wUl prevent or eliminate damage to the environment was mani fested tn the enactment of the Na tional Environmental Policy Act of 1X9 (43 UA.C. 4321-4347).Section 103 of that Act direct* that: U (to MM r1*n4 p--lfrtot (1) Tto p*tt* .**, rovauoaa sad ywatw t* * u* VulUd shah to UtarpreUd m4 *0- s UMiu t h la a/<iarO*fio< W1U tha pafiriad *H forth to (Mi toi, sad (3) ah agtortia at th* FvtoraJ OnWiMl shah-- () 24catl/y aag Oavatop mtohada ud protadvrva, in |Muhuoa wHh Uv Own *U oa Xovwoniu*ui Quality ntotoutod by titia tl of thta Am. wwidh wtu Imu t UM praaaotiy aaquMUtod ntlrawruaUi sort* Hia and vtlu saay to g(va ipjwoytux fwxMwtUea | dcMio>tn*iag aWng HiS aeooooilc ahd Uchtoeai aooaldcraUaoa (3) Th* concern of th* Cnrur--a with tho oonaervatloQ and improverowat of fish and wildlife resource* is Indicated ta th* Fish and WlkUlf* Coordination Act (If UJ3D. Ml-Xtc), wherein cottsulla* Uon with the Department of tha Interior to required retarding activities affecting th* CP*****, depth, or modification of a pageable waterway. (d> Ccacrol policy. (1) Except m otherwise provided in th* R/ flat Act (22 UBC. 407). aS diacharg^rf or depoatta Into navigable water* 4 the United Stales or tributaries thr oof art, in th* absence of an appropnatr Department of L. Army permit, unlawful. Tha fact that official objection may r it bav* yet been raised with respect tr ^aat or continuing discharge* or deposits should not be tn* terproted as authority to discharge or dr* posit In th* absence of an appropriate permit, and will not preclude the tnstitwUoa of legal proceeding* In approprlaU cases for violation of the provisions of thr Refuse Act Similarly, the mere filing of an application requesting permission to discharge or deposit into navigable waters or tributaries thereof win not predud* legal action tn appropriate am for Refuse Act dolidont (2) Th* decision s to whether a per* mJt authorizing a discharge or deposit will or will not b* Issued under U> Ref* use Act win be based on an evaluation of the lmpct of th* discharge or depoait on (1) anchorage and navigation. Ul) water quality standard*, which under th* provisions of the Federal Water PoUo* lion Control Act, were established "to protect the put-tie health or welfare, en hance the quality nf water and acre* th* purpose*" of that Act, with consideration of "their use and value for public water supplies, propagation of fish and wild* life, recreational purpose*, and agricul tural. Industrial, and other legiUmat* uses.** and (ill) In case* where th* Fish and Wildlife Coordination Act It appli cable (where the dlsdiarge lor which a permit Is tonight Impounds, vhrrrta. deepens the channel, or otherwise con trols or similarly modified the stream or body of water Into which the discharge It made), the impact of lh proposed dis charge or deposit on fish and wildlife re sources which are not directly related X water quality standard*. (1) Although the RefuM Act vest* ta the Seerriary of the Army authority X determine whether or not a permit should or tliould not Issue. It la recog nised that rr-pooslbtHty for water qual ity Improvement lie* primarily with the BUtc* and, at the Federal level, with th* ftmat Mount, voc is. n o . tu--rwtioAT, mc s mu r li, itit N 3526.01 fIMM I 'W O * i m w i i h i ) iW) w w w j i W i JWUp.'i.miM'3"i 'OivIrownetiUI mrteetlett Ajmer (ETA). Accordingly, EPA shall advise Ue Coo* with respect to th* meaning. con- wteot, and application of water quality Standard* applicable lo a proposed Us- * charge or deposit and aa to the impact w hich the proposed discharge or deposit mar or Is likely to have on applicable water quality standard* and related water quality consideration*. Specif ically, Regional Rcpresenuuves of EPA will determine and adriae District Engi neers with respect to the following: (1) The meaning and content of water quality standard* wliicb. under the pro* vision* of the Federal Water Pollution Control Act. were established "to pro tect the public health or welfare, en hance the quality of water and serve the purposes** of Lvtl Act. with considera tion of "their uae and value for public water supplies, propagation of hah and wildlife, recreational purpose*, and agri cultural, industrial, and other legitimate (li> The application of water quality standards to the proposed discharge or deposit, including the impact of the pro posed discharge or deposit on such water quality standards and related water quality considerations; (ill) The permit conditions required to comply with water quality standards; llr) The permit condition* required to carry out the purposes of the Federal Water Pollution Control Act where no water quality standard* are applicable: (r) The Interstate water quality effect of the proposed disciutrte or deposit. (4) In any case where a District En gineer of the Corps has received notice hat a State- or other certifying agency ia* denied a certification prescribed by section 21(b) of lha Federal Water Pol lution Control Act or. except a* provided In subparagraph (!) cf this paragraph, where a Regional Representative has recommended that a permit be denied because 1U issuance would be incon sistent with his determination or in terpretation with respect to apphcable water quality standards arid related water quality considerations, the District Engineer, within 20 days of receipt of such notice, shall deny the permit and provide notice of such denial to the Re gional Representative of EPA. * (ft) In the absence of any objection by the Regional Representative to the Is suance of a permit for a proposed dis charge or deposit. District Engineer* may take action denying a permit only if: U) Anchorage and navigation will be Impaired; or (d) Where the discharge for which a permit la sought Impounds, divert*, deepen* the channel, or otherwise con trol* or similarly modifies the stream or body of water Into which the discharge la made, and after the comulunions required by the Fiah and Wildlife Co ordination Act, the District ttvrtncer determine* that the proposed discharge or deposit will have * significant adverse Impact on Rah or wildlife rrtourrra. to In any ease where the IX*uict E|py*io*er believes that following the ad- r vfc* of Use Regional Representative with respect to the Issuance or denial of a per Harbors Act approved March 1, 1090 (29 mit would not be consistent with the VMC. 40)) mud apply for acid receive purposes of the Refute Act permit pro a new permit under the Refuse Act <22 gram. he shall, wiUiln 10 days of receiv Uj B C. 407) In order to lawfully discharge ing such advice, forward the matter Into or ptacq deposit* In havtgaldu through channel* to the Secretary of the waters or tributaries thereof. Army lo provide Uie Secretary with the (2) Any person wishing to undertake opportunity to consult with Uve Admin wort In navtfable water* which may istrator. Such consultation shall lake also result In a discharge or deposit place within 20 days of lha date on Into auch navigable waters or tributaries which Uve Secretary receive* the flic from thereof must apply for a permit under the District Engineer. Following ouch section 401 for auch work and for a per consult*lion, the Secretary shall accept mit under section 407 to cover any pro the finding*, determination*, and con posed discharge or deposit. However, If clusion* of the Administrator a* to water the work proposed lo be undertaken b* quality standard* and related water .navigable waters la limited to the cooquality consideration* and shall aUucUon of a minor outfall structure promptly forward the case to the District Engineer with Instructions a* to It* disposition. (7) No permit wlfl be Issued la case* where the applicant, pursuant to from which the proposed discharge or deposit will flow. District Engineers may, tn their discretion and within the guid ance provided tn ER 1142-2-20, require a single permit application under this 22(bid) of the Water Quality Improve regulation <ER 1142-2-121). If a tingle ment Act of 1970. 1* required to obtain a State or other appropriate certifica tion that the discharge or deposit would not rtolaie applicable water quality standards and such certification tu permit ts Issued authorizing both work tn navigable water* and a discharge or deposit, the permit should die both Mo tion* 402 and 497 a* authority for IU Issuance. denied. No permit will be Issued for dis (g) injprmotion required srfffc on ay- charge* or deposits of harmful quan tities of on, as defined In section II of the Federal Water Pollution Control Act since primary permit and enforcement pheaher*. <11 An applicant for a permit Involving a discharge or deposit In navi gable waters or tributaries thereof must file the. required form with the District authority for all oU discharges I* con Ekigtneer. Until the required form k tained In that Act. <e) Authority to Isni permits. The Refuse Act provide* that, "the Secretary printed and made available to District 03m. applicants should provide a letter requesting that the permit be Issued. The of the Army, whenever tn the Judgment letter must bear the address at the appli of the Chief of Engineers that anchorage cant and the date. Identify the water and navigation wUl not be Injured there by. may permit the deposit of any mate rial * * * tn nangalxe waters, within way Involved and the precise location of the proposed discharge or deposit and contain a statement as to whether the the limits lo be defined and under con facility from which the proposed dis dition* to be prescribed by him * *.** charge or deposit wfl] originate ts within The Chief of Engineer*. In the exercise the corporate limits of a municipality. of hi* Judgment under the Act. ha* The applicant must also furnish tniar- made the general deterrains Uoo that msiion which witt fully identify the anchorage and navigation will not be chxracter of the discharge or deposit Injured when the discharge or deposit and monitoring device* and procedure* permitted will cause no significant dis which will bo used. Such Information placement of water or reduction in the than include, but need not be limited to. navigable ca;>sdty of a waterway. Ex data pertaining to chemical content cept a* otherwise provided In this regu water temperature differentials, toxins, lation. the Secretary of the Army ha* sewage, amount and frequency of dis authorized the Chief of Engineer* and charge or deposit and the type and hU authorized representative* to Issue quantity of solids Involved, tf any. If permit* allowing discharge* or deposit* the discharge or deposit will Include Into navigable waters or tributaries aolldi of any type, applicants must Q> thereof, if evaluation leads to the con Identify the proposed method of m- clusion that (D. as determined by the strumentaUoQ to determine tho effect Chief of Erttinccrt, anehoraee and navi of the disposition of solids on the water gation will not be injured thereby, and way. and (ll) either assume responsi (2> Issuance of a permit will not be In bility for the periodic removal of such consistent with the policy guidance pre olid* br dredging or agree to reimburse scribed lo paragraph <d> of this section. the United Bute* for coats associated Aocordtncly. within these limitation*. with such dredging. District Engineer* are authorized, except <2> An sppUcallon submitted by a cor in eases which are to be referred to higher authority for decision (see para graph* <d><> and (1) (7) of this section), to Kmic permit* or to deny permit appli cation for durharre* or deposits cov ered by tho Refuse Act. poration must be signed by the principal executive officer of that corporation or by an official of the rank of corporate vice president or above who reports directly to such principal executive officer and who has been designated by the principal <f R(totio*>hlp to other corps per- executive officer to make such applica mi/s. < 1 > Ojvratorx of facilities eon- tions on behalf of ti*e corporation. In the Uncled In navlrabic water* under a case of a partnership or a sole proprietor vahd construction permit issued pur ship. the applies lion must be signed by a suant lo section 10 of the River* and general partner or the proprietor. Each NSCMt BCCtftfH, VOC ftft, NO. JJJ--T**mOAT, pCCtMItt l( Iff* S uV gJIj ifv ii-x- I - ? ;* | -S 11 '\iuu' f v- PtOPOSCD IUU MAKING ' 10007 'application mutt contain a certification if tha certification required is btdag tion. In ease* Vhm a Regional Repre by the person signing the application waived by inaction on the part of the sentative doc* not provide such Informa that he la familiar with U* lniormsDon eertRylng authority. tion and advte* to a District Engineer provided and that to Um beU of hia (2) In cajsc* involving a discharge or within the Ume period specified herein knowledge and belief such Information deposit from a facility, live actual coo- (Including any extension# of Ume re la complete and accurate. trucUon of which w m lawfully com quired by the Regional Representative) (h) Stat< erritflrahon. (II ScctioQ menced prior to April J, 1970, It will be the advice furnished by a Stale or other 2KbXl) of U>e Water Quality Improve* Urt> policy of the Corps of Engineers to certifying auOwrtty shall be considered ment Act of 1970 provides that 'Any ap accept but not to fully process any per by U>c District Engineer to be the advice plicant for a Federal licence or penult mit application until the applicAnlor the of the Regional KcprarnlaUve. In the to conduct any activity includlng, but not Btatc iuu provided a letter from U* BtaVe event that the Region*) Representative limited to, the construction or operation' describing Uie impact cf U>e proposed determines that the proposed discharge of facilities, vh^h may result In any dis discharge or deposit and Indicating the or deposit may affect tin quality of Use charge Into the navtgAUe waters of Uie view of the date on the desirability of water* of any other State and so notifies United Blatei. shall provide the licensing granting a permit. XX such a letter la d o 4 tive District Engineer, the matter ahouid or permitting agency a certification from provided within 1 year or within such be reported to Die Chief of Engineer*. the Stale in which the ducha/se origi teaser reasonable period of Ume aa lh Attention: ENOOC-K. la ruch cam, nates or will originate. or. if appropriate, District Engineer may have determined special procedures are provided for ta from the Interstate water pollution con* thia requirement stiail bo waived. section 21(b)(2) of the Water Quality trol acency having jurisdiction over Ue (1) Froccuing of permit eppllcctloiu. Improvement Act of J970. navigable waters at the point where the <l> When an application for a permit la (6) At approximately the aame time a discharge originate* or will originate, received, care ahouid be taken to assure completed copy of U* permit application that there ia reasonable assurance. aa de that the applicant hss provided all of tha is fumhlied to the Regional Representa termined by the State or Interstate Information required by this regulation. tive of Ep a . a public notice, as described agency that such activity wlQ be con Copies of application# received and In paragraph U> of this aecUon. will be ducted In a manner which will not vio aU other informslion received relating Issued. Kenice will also be scat to aR late applicable water quality stand ards . Ho license or permit shall be granted until the certification required thereto will be promptly forwarded by the District Engineer to the Regional Representative of EPA. parties known or believed to be Intcrettod la the applteatiorv. including the appro priate Regional Director of the Deport by thia section has been obtained or has been waived** (aa provided in a portion of ae-cUon 21(b)(1) not quoted here). In (2) XX all of the required Information haa been provided but the applicant haa failed to prmlde. aa appropriate, the ment of the Interior, the National Oceanic and Atmospheric Administra tion of the Department of Commerce, cases wirtre certification U required and no express notice of waiver bas been re ceived from the certliying arenejr. Dis trict Engineers should, aa a general rule, provide the certifying agency with a full year within which to take action before determining that a waiver has occurred. If. however, special circumstance* (aa Identified by either the District Enrlneer or the Regional Representative) require that action on a permit application under the Refuse Act be taken within a more limited penod of time. ti*c District Engineer shall determine a rtaaonabia letsrT period of time. ad tie the certifring agency of the need for action by a partic ular date, and that If certification is not received by the date established that It wfll be considered that the requirement for certification haa been waived. 6re~ ttons 21 <b>H) and (bM8> of the Act Identify circumstances in which permits of limited duration may Issue without the certification required by section 21(b)(1). Sea paragraph (a) of this action. <2> In cases Involving discharges or deposits from facilities U*e construction of which was not lawfully commenced prior to April 1. 1970. certification pur suant to 21(b)(1) Is required. District Engineer* may accept, but not fully process, any permit application until the appU-&nl h.-s* prov ided the required cer tifies bon. When persons who will even tually require a Department of (he Army permit seek State or other certification they shall (l) provide the appropriate certifying agency with the Information on the discharge or deposit required by paragraph <cKJ> of this arelion. and (11) flic a copy of the certification application with District Engineer. Tlxwe step* will facilitate t!e proervind ol any for mal application which may later be filed required certification or other teller dis cussed in pjuarrsph (h> of the section, the applicant should be advised that no action will be taken on his application until the required certification or tetter Is provided or until a year or such lesser reasonable period of Ume as the District Engineer may have determined shall have expired and that his application will be processed only to the extent Of send ing a copy of the application to the Regional Representative of EPA. (3) When eQ of Ue required Informa tion haa been provided and U>e applicant haa also provided, as appropriate, the re quired certification or letter discussed mparagr*rhth) cf this section, together with assurance* that the character of the discharge or deposit was fully de scribed to the Bute acency prior to the Issuance of the certification or letter, the applicant shall be advised that hia application U In order and that It will be processed aa expcditiouily as possible. <4 > When the application is found to be In order the District Engineer Shan promptly forward a complete copy of the application or such additional In formation as haa t>ol already been fur nished to the Regional Representative of ERA. The Rcrlonol Representative of EPA will be a'ked to renew the aptvHca- lion and to adv1<e the District Engi neer wHldn 30 days whether U** proposed discharge or deposit may affect the qual ity of water* of another Stale (aa re quired by section 21(b) (2) of the Water Quality Improvement Act of 1970), and ill) provide live other Information Iden tified In paragraph (d) (3) of Uds section within 43 days. If. however, additional lime beyond said <5 day* (or any exten sion thereof) tv required to rer.pcnd, th Regional Reiucsenlatlve shall notify Uvc District r.nr.lnccr and shall advice him navigation interests. State, county, or municipal authorities, adjacent property owners, the head# of State agencies hav ing responsibility for water quality Im provement and wildlife resource*, and conservation organizations. Copies of the notice will be posted In post off*** and other public places In the vicinity of the tile of the proposed discharge or deposit. A copy of every notice issued will be sent to the Chief of Engineers, Attention: ENQCW-ON. (6) If notice of the permit application evokes substantia! public Interest a puttie hearing may be held. Poticy with respect to tba holding and conduct of pubtie hearings Is discussed In paragraph Ik) of this section. CT) In the absence cf objection by lie Regional Representative of EPA or. ta the cases Involving the Fish and Wild life Coordination Act, by the Regional Di rector of the Department of the Interior or the -National Oceanic and Atmos pheric Administration of the Department of Commetre. District Engineers may* ' consistent with the policy guidance con tained tn paragraph <d) of thia section and. after contidering *Q of the Informa tion developed with respect to the permit application, including written or oral laformation presented In rexponae to A public notice or at a public hearing. Isso* a permit, wrlth or without condition*, la the event that the Dutriet Engineer determine* that Issuance of the permit with or without conditions, U appropriate but there Is objection to tiie Issuance of the proposed permit by the Regional Representative of EPA oe, la eases In volving the f-vh and Wildlife Coordina tion Act. by the Regional Director of the Dej**rtincnl of Ute Interior nr Um Na tional Oceanic and Atmow'hcric Admin istration of the Department of Com merce, the matter mu*t be forwarded la with Uc District Engineer and will m- at to the additional period of Umc which hir.lKT authority for dcctitoo. Every ef abVe the District Engineer to determine will be required to provide such iuforma- fort should be made to resolve difference* KMtAt Itctirtl, vot 9$, HO. U3--THUtlOAT, MCtMStC 21, Iff* w TO r-rfirn.i^^iffliiagriBi^-iTi mppp , '-.j&rrajT' 26008 i PROPOSED tUU MAKINO at the DUtrtrl Engineer Wvel befor* re public notice, the Division or DUlrlet En (lv) KoUHcatlon wtll b* given to tn- ferring the matter to higher auUvority. gineer will furnish the applicant with tere*led members of UvC Congrtaa and In tlx event Uial difference* cannot be copse* of Uw objections ami afford lilm Oovcmon of Uve Stales InvoivM. L'*lved. District end Division Engineers t forward Uve application, copies of Hk - public notice and addressee* to wlvom Uie opportunity to rebut or resolve the objection*. <kl /IrWic kcsriapi. (1) It to the pol <3) Tlio licarlng w*Ul be conducted in a manner that permits open and full ad vocacy on all aides of any Issues Involved. sent, the comments of 6ULe and 9*di*ial icy of Uie Corps of Hnelneen to conduct A transcript of Uie hearing, together agencies, a ropy of the transcript of any Iht civil works program in an atmos- with copica of relevant documents, wiU public hearing held, a narruUva report plicrr of public understanding, trust, and become a part of the permit apphcaUoo * and recommendations to Hie Chief of mutual cooperation and tn a manner re- assembly. Enrlnret*. Attention: ENOCW-ON. In aponaive to the public Interest, To this (4i In addition to tlw hearings which any case refrtred to the Secretary of Uie end. a public hearing may be liclpful and may be required by Uie policy specified At my pursuant to paragraph (dxf) of will be held In rotmectlon with an ap in U*e preceding paragraphs, licarlng* this *Uon. consultation with U* Ad- plication for a permit involving a dis are required under sections 21(b) (3) and mtnlatralor shall take plaro within 30 charge or deposit In navigable waters or 3Kb) M) of the Water Quality Improve days of the date on which Uie Secretary tributaries Uvercof wlienever, in tba ment Act of 19<0 wlten u> a State, other receives the flic from Uie District tnnl- opinion of tbs Dhlrkl Engineer such a. Uian tlve Slate of origin. obkcU to tba neer. Following such consultation. t)>e hearing to advisable. In considering issuance of a permit and requests a hear Secretary Uvall accept the flndinyi. de- whetiicr or hot a public hearing is ad ing on Its objections or (ii) tl* Secre ter mutations, and conclusions of Uie Ad visable. consideration will be given to Uve tary of Uie Army propoxes to autpend a ministrator as to water quality standards degree of Imerest by U>s public ia the Department of Uve Army permit upon and related water quality considerations permit application, requests by respon notification by Uie certifying authority and shall promptly forward Uve case to sible Federal. State, or local auUvontiea, that applicable water quality alandarda the District Engineer with instructions including Members of th* Congress. that will be violated. When a tearing to re as to Its disposition. a hesnug be held, and the likeliliood that quired pursuant to the Water Quality <ji Fwbivc aofic*. (1) As required by Information will be presented at Uie Improvement Act of 1970 the matter parseraph (1) (5) of this section a public hearing that will be of assistance In de should be reported to the Chief of En notice will be issued alter a permit ap termining whetiicr the permit applied gineer*. Attention: ENOOC-K. The plication to determined to be tn proper for should be issued. In thU connection, CtUcf of Engineer* win provide addition order. In cases where the permit applied a public hearing will cot generally be al guidance with reaped to holding of for pertains to a discharge or deposit and held if liter* has been a prior hearing auch hearing*. does not Involve construction or oilier (local. State, or Federal) addressing the <S> In any case, when a District Ea- wort tn navigable waters, the not ice shall proposed diacharge unless it dearly ap gineer intends to schedule a public hear til state Uie name and addict* of the ap pears likely that the holding of a new ing lit shall notify Uve Regional Repre plicant. tut identify the waterway in hearing may result tn Ux presentation of sentative of ITA toot leas than 10 day* volved and provide a sketch showing Significant Dew information concerning tn adr&ncc of Uve deadline for filing of the location of the proposed discharge the impact of U-e proposed discharge or comment* by Uve Regional Reprraenta- or deposit. <ili> fully Identify the charac deport Tlte nerd for a leaping will be ttve u;on Uve permit application so that ter of Uie discharge. <ivi include any reported to Uie Division Engineer and Uve Regional HcpmcnlaUv* vrUl be able oU>er information which may aunt til his concurrence obtained In certain eir- to defrr such comments untQ after the led parties In evaluating the likely eumslA.ices a public hearing may b* public hearing has been Iveld. Pact of the proposed discharge or mandatory <ee subparagraph Mi of this <1) mtronmc%Sml import sfairmmf. utUany, <v) provide 3u days within paragraph). <11 Bcctlon )02<3)<c) of Uve National which interested parties may rvpress (21 The success of a public hearing Environmental I'olicy Act of 1999 re U*eir views concerning the permit ap- depends upon the degree to which all quire* all Federal agencies, with respect pbcaU^n AH pttUie notice* involving a tntefT-to are avare of Ump hearing and to niAlnr rederzi acUon* aigr.tAcanlly af- proposed discharge or deposit shall con understand the i-*ues involved. The fol fecung Ute quality o! the human envi tain the following; statement: lowing steps viQ be Uhen for each ronment, to submit to the Council on Tm decision as U wwetner a permit aw* hearing: firmrottmental Quality a detailed alate- tWortsjftf * dicbafX* 0*p*U oqjl m ntl (l> A public notice wlH be prepared ment o q U fa* iMitfO unSrr Ih* Kffu*e Act WiU 14 and Issued in clear, concise, objective <i) Tt>e enrlronmenial Impact of the w*%*d aa evwiustioa of Um lmp^t ot is* dacHar** or 0poH w (1) ncSirt^ ini aartgsuoft. (1) water quality itansanu n4 r*Ut*d walrr quality eort.ideralu>n as d*UrmJofd by Bui* tutboriun *n4 tbr En> vtrooirwniai froteeuofi Armcy. aa 4 <3) la style. inline the purpose of the liraring; details of lime and place: description of the application Involved; and IdeoUftcaIfcm of the proposed diwlvarce or de posit. Carw will be rxerrt-ed to avoid proposed action. <U > Any adverse environmental efTecta which cannot be avoided should Uve pro posal be tmplrromted, (1U) AHemaUvta to the proposed cow !*** the V~iab and Wildlife Co^wdut- cresUnr any impresskn that the Corps is action. (too Act IS arpllftbi* (h*t# lb* durbvp an advocate or adversary in tl>e matter. (ir) Tlve relaUmahip between local lor wbicb a permit 1* soophl Impounds, si- tUi Hie Public Notice will be Word short-term use* c( man's environment **ru. deepens tn channel, or otherwise eontm* r UmlUil; moSife* Uve Wrtin or bodf W water lots * hkh l)x diveHsfp* a madel. the import o< the |*e>poar4 di-cbsrg* or deposit Lab and wiklUXs rooourroa. fUfhck-tiUy In advance of the hearing, generally not kws Uian 3d days, to allow time for Interested persons to prepare lor Uve Ivcaring. It will be dnlubuted to ad dressees on compiled !Ui and will include and the maintenance and enhancement of long-term productivity, and (v) Any* Irreversible and irretrievable commitments of resource* which would be tnvohvd In Ur proposed action should (]) Comments received from inter all kru>wa parties duectiy aOcetcd. all it be Incremented. ested parlhrs within the period provided govemnvcntal enUtica ccusrenicd. all reu- (3) Section 102(2)(c) statements wilt for In the public notice wiU be retained eral |rtib!ic new* media wiUun U*e pro- not b** required lu i*cimU esse* where U and will be considered in determining grapltscaf area, apf>ro|wiatc apeciaJtacd to likely Uiat Uvr projoc-ed diacivarge win whether the permit aj>plU\1 for sliould be new* ntedia for tewclitng intrrested not Ivav* any signUW-ant environmental issued. group* and orrnu*Uon\ aivd directly Impact. Motrovcr, Uve Council on tn* <)) When a re*pon*c to a publte notice 10 Use prmclpvl oXUff-ra of aurh group* tironiiirtilAl Quality lus adviwd Uiat has been received from a Member of and orrAin/aUonv, tiwiudine national of auclt atatenwuta will not be required Ofatvcir-t, rtlhrr In behalf of a constit fices of natkwiaulc orramraUona. wlter* U*c only imiatcl of proposed dia- uent or Jilmwlf. live Division or Dhtrlet (till Aa aiq*rot*ilate. su4|drmrntary cliarar or deput-it will l*e on water quality Rnrlneer w III inform Ur Member of Con- Infnimahonal mailer, fact a)>retA, of ai4 irUttd romideratoona. flowever, of Ue final action lAkcti on Ute morw detailed lw*s rvica-c-*, will be dis such rtMruvriU* busy k tcqulrcd in con- location. tributed to Uve gnvrrsU or sjr<ialircd iHctKKv wiUi iK^oed dtsrharcra or JTl f When bjertkm* to Uie Issuance of news mctliA or ouicr grouj** and inter* dei^ltA whtrh rniy have a auh^tanllal a permit art received In response to ft esla Involvtd. environrnmlal iwt^Kict unrelated to water \ MMiq tfCdrtt, VOt. It, HO Ili.lKVtlOAf, MCtMMl >t, 1W i: ... . .*2.. . * I *. rnorosco r u l e ma k j n o >> 10009 `qilaffty. In c a m In which a Motion 103 It) (e> statement may he required. ii* report of Ue lxuicl Lnylivccr accom panying any c mc referred to higher an* thoilty (too inrarraph* (d)(3) and ft) (?) of this too lion) will contain a *<3*rata secUun addrciijne the environmen tal Impact cl 11* ptoi>c&c\l disci*arc* or dciKr.il, If any, and. if Issuance of a permit U recommended, a draft section 109(3) (c) statement *)K>u)d be itUclx-d. (m) Publicity. District fcnutneers will. In consultation vilh Regional Repre sentative*. rsUbiish aixl maintain a pro gram to assure Umt potential *H>bc*iiU tor permits are Informed of the require ment* of UUs rrrroialion and of the steps required to obtain permit* for dwe-lwrce* Into nav'.rsbie water*. Wh-ixvcrUie Dis trict DncLnccr breomra avara of plana being developed by eiUer private or public entitle* a ho will require permit* In order to Implement (tie plane a letter will be aeot to the ptrfenuaJ permittee advising him of a La U. lory requirements and the need to apply for a permit under this regulation. (a) Vurct&n pi fyrmift tossed. (1) to ca*r where appropriate eerfincatloa haa beet) reed red Indicating that there to reasonable assurance that U*e proposed dwharce or deport will not violate *wpheabie valor quality standard* and is suance H other* tv proper, no permit mar be Issued vhlch authorise* a cllarge or depoajt for more than ft yewrs without providing for re-validation r* ouch permit. (3) In cases Involving a facility, the coculruelion of which was lawfully un dertaken price to Apt a 3. 1?`0. and It appears after evaluation that psukjve of a permit would be approprfel* aJUwuth certification lias not been provided, a permit may be issued provided Cl) that the permit will expire on AprJ 3. 1333. and <ii> that it to coewi.i-cc*d so as to require aruiual demonstration by the per mittee that ll># discharge or deposit la tot compliance villi Bute water quality Implements toon schedules. (0) Prrrr.it condituynt. (1) Until a standard permit form to devtlcped, every permit shall, at a minimum: (1) Require compliance with applica ble water quality standard*, including Implementing sclfeduirt a*>ot>tcd in con nection will* such standard*; (U) Include prorial/o* incorporating Into the permit change* in water qudtty standards rubecquctil to the date of the permit, and requiring cotupltanc* with such changed standards; <Ui> Provide for possible suxpensloQ or revocation in the event that U per- mlttae breaclies auy coodition of Use permit; CJV) Provide for pcwaiUe stKiK-ruJon. PW'd'Aeatmn or rwocuUrvt if aubvqurnl to the Issuance of a permit K to dpwcwr- trrd 0at tie dinrharre or drf*it con tains havardous fnatrtial* which may poae a dancer to health or sairty. (3) Permits shall also L* suh)ect to condition* as determined by l l'A to be IKrojary for purieu-* of tn-uijun rear.- pluitcq with water quality &UmUrd or the puti*>v* of the Federal Water Pol lution Control Act Buch conditions may Include but art Dot necessarily limited to: * (1) Requirements for periodic demon strations of compliance will* water qual ity criteria, established Implementa tion schedules or prescribed levels of treatment; UR lute and sampling aceeWbUltjr, Uii) lbqulrcinent* for iwrkxlic reports as to Ukc n&lutc and quantity of dis charges or detKalU. (FJk Roe. TO-17*44? rhe4. Dr. >0. ir?*; OEPAimiEilT OF THE HITEfllOR Bwreov of Mines 150 cn Ports I, 75 I ILLUMINATION IN UNDERGROUND COAL MINES AND ELECTRIC FACE EQUIPMENT Nslkt of Proposed RwU Making Kotlc* to hereby given that pursuant to the authority vested in Uw Secretary under sectooo 10) of the Federal Coal Mine Health and Safety Act of Iftftft (Public Law *1-173', and In accordance with section 317(e) of the Act which require* the Secretary to promulgate propox d standards for the lliumlnsUoo of working places In undergrouixl coal minea, ft U proj-CKd that Part 75. Sub- ehaptrT O of Cluip'.er L TUle 30. Code of Federal Itrru'.ationi be amend'd by add ing f| 75 1713 through 75 as set forth below, wl.urh tcocribe the Uiumi- futioa to be provided in the axxrting plages 'f undeicround coal mines. It U fu t Uk .' propev-ed that Part lft, Subchap- ter D of Chapicr L TUie 30. Code of Prderal Rcrulatlcm (Rurrsu of Limes fklwduta 3U> be amended by adding il 1*73-1. 1HC-I, and It.4ft-1, aa set forth brWw. which prescribes lha rcflectloo cfDc.cncy of the surfares on ap proved penravMtile ehclrtc face equip ment end restrict Uw Visual imtardanc* and puh^Uon frequencies of lighting de vices ir,,i_ahfd on such equipment. Interested persons may submit vriUcti comwnU, 9ucceU*otw. or ob>ectl<wu 10 the Director, bureau of Mines. Wash ington. DU- 707(0. ho later thxn 45 days following publication of this notice if) the Pmiit Kccmu. Fate J. Rttsuii, JUttnp Srcrr/ery of (hr Interior. Drcixeta 7*. 1*70. Part 1ft, Bubclmpbr D of Cluplrr t, Tllle 30. Code of Federal iterulslionfl (Durrau of LIiiic a Betiedule 20) would be an^nded by adding tlie foUomlng: 5 lft.23-1 FIc Rk iIm SMuiUr faet rqwl|ir>U mi pf. 7Tk el-'an aurfsen of all peoni*jUhle electrK riilven fare rquJt-mrnt sJiall fuse a reflection cflkkncy of not ku lhaq Aft. | ] ft.4A-l VImu I Iayff<i4i * if Mgir* mi ligiillsf drvirraf mpkw mewto. lighting drvke* touUIled on elecirlo driven fact Equipment wlUch Are used Id Illuminate verting places sliall have maximum cut-off angles of ftft* frtvn the nadir. In ad iilioa, wticre miners are re quired to nove forward of any such lighting device, such devices shall be equiHwd writ it louvre* of dipping devices which prorhie a cut-off of ft* down from the hortaonlsL | lft.lt-1 ISiUh Imi affiaU lighting ftevjcea Instated on electric driven face equipment which are used le Illuminate working places shall not em ploy hcht arurers which pulsate at fre quencies between ft and 100 lit. Part 7ft, ( ubcliaptcr O of Cliaptev X. Title *0. 0le of Federal RcculaUOfto would be amended by adding the following: 175,171* IIUw ImiUs hi vrtUg *Ufa (ti rviwf NoftoMM) Oa r b*M DaceosWf 99. 1*70, tto N*. retary gull f*r^oe t)* tunSsrto w*o#r wtiRh ail *i >.mg puen la a mio* atMll be lilumiwMee f pcrasUslbto Ughtlckg ttlUa II moots* a:^t U>* prtMBuicasto* 4 sucW wrt i> ptrsocu arv wording la aucW |rc.I?19~l ItUmUrnU (a) On ar l aftec Gcptnnber 30, lm, each operat r of an undcrcreund coal mine shall tl miinate each working place In the min- with perrohible ligbUng while miners srr wrorilng In such ptaevx (b) The ] \d of (Domination th aH working pla- j ahxQ be no leaa than ft fL-e. (foot-c - ndies > and no more than 110 R.-C. (ft -t-candlea) when measured on the worl surfaces (face. roof. rib. floor, and e .uipmeni surfaces) of the Working place. <c> Except as provided In paragraph* (d> and (e> t>f tius section, the area ta each work In- [dace required to be (llo- mmxtrd af.a be th area w-ulitn wldch equipment to employed during the cot tons. mining, and loading of coal. ThS area to be < tun mated shall be deters mined by nw curing the distance 1q the room, entry. < r crosscut bet* ecn the face and the o l <y end of ti*e machine fmUust fro* the face at the time the level of Ilium nation to measured. <d) Tie a. a in each kmrwal! work ing place req> .red to be illuminated sha0 include Live t rea from live face to U>t gob-xule of ihc kxir.waJl roof support system, and l'*e work areas occupied by U*e luwdpK . and tailpiece operator rrcardlevaof t'wir location. <r) T7e : <-a La each wxirklng place where roof t -iurs are emi4oyed which Is rrqumd l - be lltumlnalrd shall be: (I) An an . on the roof wliich to cen tered about location a-tocre the hole I* to be drill* and wtilch Iws a diameter enuol to Uic )wight of the entry, roooa, or cfourul la which U>e roof bolter Is workinf. ntxuu Mcnnt, vot. u, h o . tig-mmHt, p ic immi i i, tm iffjpw^pw jRfe ppiiigf ;nswnsnji.wn u bix v * ia -w w t T ;-i FOR IMMEDIATE RELEASE DECEMBER 23, 19TO ? r Office of the White Route Press Secretary 3 THE WHITE HOUSE STATEMENT BT THE FRESIDEHT 0 .1 1 I here toley directed the establishment of e Federal permit program covering facili ties vhlch discharge waste into navigable vetere end their tributaries in the United States. This nev program will enhance the ability of the Federal Government to en force water quality standards and provide a major strengthening of our efforts to clean up our nation's water. Last February I transmitted to the Congress a comprehensive water pollution program, as part of my thirty-seven point program designed to protect our environment. Ky proposals included legislative measures to make the establishment and enforcement of water quality standards more effective and expeditious. Unfortunately, no Congressional srf.on has been taken on my water pollution control proposals. I will continue to seek enactment of these proposals during the next session of the Congress. in the meantime, 1 am directing the Immediate initiation of a new, coordinated program of water quality enforcement under the Refuse Act of 1899, an Act whose potential for water pollution control has only recently been recognixed. This law, which we have relied upon for many of our water pollution enforcement Xe nons to date, prohibits the discharge of refuse matter, except that flowing from streets and severs. Into navigable waters or their tributaries without a permit from the Army Corps of Engineers. Through a more activist utiliratlon of this Act, we will be able to require industries to submit to State authorities and the Federal Govern ment data concerning effluents vhlch they plan to discharge into navigable vatera. For those firms that are comp.ylng with water quality standards, the Issuance of a permit, agreed upon by the Federal Government and the States, will assure all parties that standards are being met. To deal with those who are disregarding our pollution control laws, a svift and comprehensive enforcement mechanism is provided by this authority. The most effective use of the Refuse Act will require close coordination between the Corps of Engineers and the Environment Protection Agency as well as other Federal and St*e authorities. The Executive Order I am signing today will ensura that such co ordination is provided and that the program is initiated promptly. As this Order makes clear, the Environmental Protection Agency will make the necessary determinations on behalf of the Federal Government for all water quality aspects of this program. The Refuse Act permit program makes maximum ust of all existing provisions of lav relating to water quality. It will apply to discharges both from new installations and from existing facilities. Implementation of the program will begin when proposed MORI OVER N 3526.02 i iL!fflii ijl W i..1>wif|JB^H.4j.ii..*R, Mf-jl M!.w^ -> MU>mww.S^iri l regulations, aoon to be Issued for consent, are promulgated. Peralta for nev dis charges will be required Immediately, for existing discharges, the deadline for filing applications will be July 1, 19T1, to provide the 8tates an opportunity to mobillxe for this program. In the Mantime, violators of water quality standards will not be exempt from prosecution under the Refuse Act. I wish to make clear that although the Refuse Act generally does not apply to municipal discharges, we will continue to vigorously employ other authorities for dealing with violations of water quality standards by snmlclpalltles. The Environmental Protection Agency recently put three large cities on notice that it will take legal action under the Federal Water Pollution Control Act If they do not take step* to correct water quality violations. Implementation of a program of this magnitude will not be eaey. It Involves a number of Federal agencies, 50 States, and many thousands of Industries. But we cannot afford to wait. We must move ahead to clean up our waters. I Invite the help and cooperation of the States, private Industry, and all citizens in making the Refuse Act permit program an effective tool to promote our water quality objectives. -A |jp;| i^ i^ ) t,,HPl-y ip^ >p ^ B ^ j^ |ig ^ ^ nfi f 1"HS1 pwwti ' -.'" i * 1 i -V - ! K.-? v r h' r' r& <L- I C. r t o' t r c o B X IMMEDIATE RELEASE Office of the White Bouee Prtu Secretary DECEMBER 23, 1JT0 THE WHITE HOUSE EXECUTIVE ORDER 3 A . 1 5 1 j 9 ADKUIBTRATIOa Of REFUSE ACT PERMIT PROGRAM By virtue of the authority retted In ae aa President of the United State*, and in furtherance of the purposes and policies of eectlon 13 of the Act of March 3, 1899, c. 1.25, 30 Stat. 1152 (33 U.S.C. 1*07), the Federal Water Pollution Control Act, aa amended (33 U.S.C. 1151 et. teq.), the Pith and Wildlife Coordination Act, as amended (16 U.S.C. 66l-666c), and the Rational Environmental Policy Act of 1969 (1.2 U.S.C. W321-h317), it la hereby ordered aa follovs: Section 1. Refute Act permit program. The executive branch of the Federal Government shall implement a permit program under the aforesaid section 13 of the Act of March 3, 1&99 (hereinafter referred to as "the Act") to regulate the dis charge of pollutants and other refuse natter into the navigable vaters of the United Statea or their trlbutarle* and the placing of such matter upon their banks. Sec. 2. Responsibilities of Federal agencies, (a) (1) The Secretary shall, after consultation vlth the Administrator respecting vater quality matters, issue and amend, as appropriate, regulations, procedures, and Instructions for receiving, processing, and evaluating applications for permits pursuant to the authority of the Act. <Z) The Secretary shall be responsible for granting, denying, conditioning, revoking, or suspending Refute Act permits. In to doing: (A) He shall accept findings, determinations, and interpretations vhlch the Administrator shall make respecting applicable vater quality standards and com pliance vlth those standards In particular circumstances. Including findings, de terminations, and Interpretations arising from the Administrator's review of State or interstate agency vater quality certifications under section 21(b) of the Federal Water Pollution Control Act (64 Stat. 108). A permit shall be denied vber# the certification prescribed by section 21(b) of the Federal Water Pollution Control Act bat been denied, or vbere Issuance vould be Inconsistent vlth ary finding, de termination, or interpretation of the Administrator pertaining to applicable vater quality standards and considerations. (B) In addition, be shall consider factors, other than vater quality, vblch are prescribed by or nay be lawfully considered .under the Act or other pertinent lavs. more (OVER) N 3526.03 *j 4X- ' i.3 4 r tj 2 fi. U' (3) Hie Secretary shall consult vlth the Secretary of the Interior, vlth the Secretary of Coamserce, vlth the Administrator, and vlth the head of the agency exercising administration over the vildllfe reeourcei of any affected State, re garding effect* on fiah and vildllfe vhlch are not reflected in vater quality conalderatlona, vhere the <31 a charge for vhlch a permit 1 aought Impound*, divert*, deepen* the chancel, or othervlae control* or tlailarly modlfle* the stream or body of vater Into vhlch the dlacharge la mad*. (<*) Where appropriate for a particular permit application, the Secretary t ahall perform *uch consultation* reapectlng environmental amenities and value*, other than those *peciflcally referred to in paragraph* (2) and (3) above, a* may be required by the Bational Environmental Policy Act of 1969. 3 (b) The Attorney General shall conduct the legal proceedings necessary to enforce the Act and permits Issued pursuant to It. Sec. 3. Coordination by Council on Environmental Quality. %: fa) The Council on Environmental Quality shall coordinate the regulations, policies, and procedures of Federal agencies vlth respect to the Refuse Act permit program. (b) Hie Council on Environmental Quality, after consultation vlth the Secretary, the Administrator, the Secretary of the Interior, the Secretary of Commerce, the Secretary of Agriculture, and the Attorney General, shall from time to time or as ; directed by the President advise the President respecting the Implementation of the Refuse Act permit program, including recommendation* regarding any measures vhlch should be taken to Improve Its administration. Sec. *>. Definition* As used in this order, the vord "Secretary" means the Secretary of the Army, and the vord "Administrator" means the Administrator of the Environmental Protection Agency. ft; RICHARD JtlJCO* IHE WHITE HOUSE, December 23, 1970. 9 6 r v*  W^ < g ^ * W ' W ! f ^ ^ ' l ^ ^ l* W ^ W p { jj!p p |fe w y ,W "M 'jW W >' - --j :,parr 1 i-i trrwzirt r e q u ir s k c t t 3 f o r ik p u s t k ia l v a s t e s a A. I1CT0DUCTICW The price of progress In the Age of Affluence 1* an alarming Acceleration In the pollution of the nation's streams, atmosphere, end lend*cape. Of major concern it the rapid deterioration of our etreaaa and waterways, vhich Jeopard!tea the natlon'a water supply, portends the Imminent extinction of aquatic life, and leads to the rapid deterioration of natural beauty. , Prime contributors of waterborne wastes are the 300,000 water-using factories la the United States, which discharge three to four times as such oxygen-demanding wastes as all the sewered population of the United States.* Moreover, the output of industrial wastes is growing several times faster than the volume of sanitary evage. Although there is no detailed inventory of industrial wastes, a recent coaplletlon indicates that over 80 percent of the volume discharged to water comes from four major Industry groups -- paper, chemicals, petroleum, and steel. 2 J r* The need for regulatory standards and requirements has been emphasized by President .4 Hixon, in his "Message on the Environment,": "I propoae that State-Federal Water Quality Standards be amended to impose precise effluent requirements on all Industrial and municipal sources. 3 Provisions for the establishment of effluent requirements have been Included In the Department of the Interior's legislative proposals and a propoaed policy on the FVQA approach to establishment of effluent standards has been drafted. CfeJectlve of the present procurement is to define the technical procedures for the establishment of effluent requirements for industrial sources based on the Powers, T. J., "Rational Industrial Waste Assessment," 19&7. ` Rixon, R. M., "The President's Message on the Environment," February 10, 1970. i t N 3526.04 ' .- ,- 1 - .? '. / ;%V . ` ' .j-Z-v-' -5 '-' iJU ^EgMaMwwwBHaBaaBigmasgHBBsamgB^ LI A14422 \ -..*. K.JaSllvISZjMegaa^sra^.^---------- V i philosophy of ths FWQA policy and utilizing the beet svallablt technical lnformatlon end engineering Judgement. j i I B. STATixarr or t h e pr o bl em State-Federal veter quality standards established under the Federal Water Pollu tion Control Act generally require that all significant vasts discharges receive the "best practicable" treatment. Tor municipal vaetes this has been Interpreted as a minimum of secondary treatment. Interpretation of this requirement is more difficult for Industrial vaetes because of the vide diversity of vaetes; most :; states provided in their standards that "Industrial vastes must receive at least 'i the equivalent of secondary treatment." It is expected that when legislation la enacted imposing effluent requirements, the States vill have the primary responsi bility for establishing them. Without additional knowledge of Industrial vastes, the states wi 11 have a difficult. If not impossible, task of establishing require ments that are not any more ambiguous than the present treatment requirement. For effluent standards to have meaning and be realistic control devises, the following must be satisfied: 1. Must be quantifiable - effluent requirements must be expressed in terms of water quality parameters measurable by available analytical techniques. They will require identifying percliiable quantities of specific contaminants, depending upon the te:hnOiOgy level of an Industry. 2. Must be enforceable - effluent standards must specifically identify treatment requirements In terms sufficient for technical understanding and engineering and design. Effluent requirements must be maximum limits that ara not to b l 'i exceeded. Comprehensive monitoring and rapid detection are basic to effective enforcement programs. i % * *; -t i rtffi'ariiiwagtaaifiiT * .. ..... ------------------------ -------- ' ' ' 3 I t 3. Must be technically reasonable - generally speaking, degree* of industrial t V- wastewater treatment ir as dependent on economic factor* as on technological I capabilities. Therefor*, th tana across-the-board treatment requirement* for all Industrie* are not reasonable. Different Industrie* and different plants vlthin an Industry require different type* of effluent treatment pro cesses. The degree of difficulty of treatment and in-plant control also varies among Industrie* and plants. Therefor#, an effluent standards progrsa must take into account the level and type of treatment and control a particular K Industry is capable of providing vlthin current day technology. The Federal Water Quality Administration has recognised the magnitude and com plexity of the Industrial vast# problem and has undertaken an Industrial Waste Studies Program. The FWQA recognises that it smat take the lead and provide to the Stetes technically sound Information for establishing effluent requirements. C. APPROACH TO SOLYIHC TSE PROBLEM Effluent standards must be based upon definable standard raw vast# loads (SRUI.) -l related to an industrial technology level and upon a base level of treatment for a specific industrial process. To be equitable, and to natch effluent require ments to receiving vater quality standards, it vlll also he necessary to establish the best level of th* treatment that is attainable vith current day technology so that a range of effluent requirements can be defined. i Effluent requirements vill be developed separately for each industrial category `i based on the principle of best demonstrated treatment. Within an Industrial cate gory, all discharges vlll be required to meet a defined "base level of treatment" J ' (BLT), vhlch would be stated in terms of pollutant# produced vith units of pro duction (or unit of rsw material if this measure 1* commonly used by the Industry to determine vater use); for example: lbs. of suspended sollds/ton of steel. However, in many part* of the country further effluent restrictions vill have to WIWJ :: r T r-' j i 1 i i I re -.3 "j i] 3 be ispoeed on a dlecharger when a better quality of affluent la required to Beet water quality atandarda or other receiving water requireaenta. Theae reatrlctlona ahould be iopoaed on a caae-by-caae basic. As a guideline, the "beat available treatment" (BAT) auat be defined aa the beat treatment (or effluent) that can be achieved through proven technology. The ac ceptable range of effluent requireaenta will thua be defined by the baae level of treataent and the beat available treataent. Adequate definition of the baae level of treataent and the beat available treataent, will require a baalc knowledge of the characterlatlca of the pertinent lnduatry and the character of the waste, the capabllitlea of exlatlng treataent aethoda and in-plant control practlcea aa wall aa thoae that have potential for uae in the future, and the effecta of different levela of aignlflcant pollutanta on receiving water quality. An initial atep in determining the levela of treataent ia to characterize the Industry'a waate. Since there la a wide variation in vaate characterlatlca, even within a alngle lnduatry, a number of atepa cult be taken to sinicize the effect of theae varlatlona. first, the lnduatry will be atulled on a manufacturing proceta baala rather than on a plant baala; this provides flexibility in dealing with a wide variety of plants and effluents. Second, the vaate characterlatlca will be defined for the typical manufacturing proceasei, which would be moat repreaentative of actual manufacturing operations. One of the greatest diffi culties in selecting a typical process will be in the determination of the level of operation and of pollutant generation that repreaenta an efficient "standard." Third, some manufacturing processes (and facilities) will be evaluated in two separate categories -- future and exlatlng. future processes are thoae which, since they have not been constructed, can be designed to Incorporate the beat in-plant pollution control practices. Exlatlng processes are thoae ln-place -' lh \ ^ LI A1442 5 fc where aodlflcation for pollution control would be nor* difficult, both techni cally and econottlcally. This provide* * Bechaalsa for Increasing pollution abatement u new plant* ere built without placing in unrealistic requirement on chi exit ting plinti; It ilto prevent* unrealistically low requirement* for new plintt which would otherwise be grouped with lei* efficient existing pilot*. Vbereu Much of thli Information mey d o w be iviileble for soae lndu*trill cate gories in not out* the date Bust be collected end sunscarlted. In order to provide adequate reliable lnforaetlon for the eitibllshnent of effluent re quirement* i serlei of Industrial waste studies Bust be undertaken. Specific tasks, are defined In the "Statement of Work." 1 aMaMmawfrBarirtfc-Mfc * * \ s t a t o e e b t or w o r k i To accomplish the previously outlined objectives, It vlll be necessary to break the project Into several steps for mutual understanding. A. DOTIfE STAJfDARD HABirFACTURIBO PROCESSES Tbs purpose of studying Industries on a manufacturing process basis is to allow * & for diversity of processes between plants so that effluent requirements do not ' have to be established for a variety of plant operations, which vary only In a subprocess. Therefore, a manufacturing process Is defined as a single operation r where there are alternative methods which would result in a significantly different * k SRVL or a series of operations, none of which Is normally not used In the series *3 y or for which an alternative operation cannot be Interjected into the aerlea. In Figure 1, a manufacturing plant layout la shown Involving six operations. How ever , another plant making a similar product has substituted an alternative operation (A) for operations k and 5. i r 1 A third plant uses two other operations (x and y) in place of operations k, 5 and 6. Ey the definition of a manufacturing process -- operations 1, 2 and 9 are a process; k and 5, 6, A and x and y are separate processes. If, hewever, I: the SRVL'a (Standard Raw Waste Loads) of k and 5 and of A are basically the f' t: same, then they could be defined as a single process. Bence, for the three t' different plants that could produce a similar product,' the method of computing the SRVL for each plant Is shown In Figure 1. In some Industrial categorlas, the Industry has already defined standard manufacturing processes; these can be used tempered with an element of Judgement reflecting the Intent of this study. ri A preliminary step In the characterization of an Industry's waste will be to define each procete to be evaluated. A flow chart of standard manufacturing processes with key data will be prepared. (The use of the term process bar* Hi LIA1442 7 /V a*i^iitfltf5A^^^lli^afc^^t**",^,^'^fa**i^*>i4l^tn4ffrwiiv'ltir^illthla,1nBMilifiB2lBttl^1MByfJ aasaisertieBaifcfc: -\ "i should not be confused vlth unit operations -- as defined here, e process nay he unit operetlon, e eerie* of unit operation!, or an entire product line.) figure 1 I ; II. SKVL * SSVL(i_3) * SRWL(a ) * SWL(6) II. SKVL SHVL^jj SRWI,(jrfyj i' There will be Tarletiona in the SKVL'* of defined naflufacturing proceee betveen plants because of aloor modifications, quality of rev materials, eve., so that it vi 11 he necessary to characterise the vaste of a "typical" manufacturing process. If the rariations in aooe processes are so significant as to Bake it impractical to define a typical process, the SKVL would have to be defined as a range of value* with * description of factors affecting variability. It is recognised that physical plant layout uy in sceae industries require ccablnlng operations that are geographically located together. It is also recog nised that available data obtained from actual field sampling may Include several processes in the analyse*. Therefore, in certain industries, geography may play * an Important role in definition of a typical process. In defining the standard process, the contractor will assess the comprehensive ness, validity and availability of data to define pollutional loads. Using this m - _:.. -viicjA iSttaArafat j-jf mem LIA14428 jfeeAltesas Information, prepare a description of processes for the Industrial classification and comment on the validity of using SIC numbers. If SIC Is not meaningful In the Industry, the rationale for a nev system should be provided. Depending upon the Industry, define the manufacturing process by some measurable means such as rav materials. Intermediates, products, etc. The defined process t i i may be combinations of unit processes that are Interrelated to the point that meaningful pollutlonal loads and/or characteristics cannot be defined smaller. 'i This may In some Instances be a complete plant. The effects of operating variables r on the pollutlonal loads vill be defined when applicable. i' uj A typical manufacturing process can be further daaslfled according to tvo categories: future and existing. Whereas the Cost of Clean Waters Industrial vaate profiles Included the third category of "old" processes, this has not been included, since, if the process is not economically amenable to vater pollution control because of Its age or it cannot be made to meet the standards required of existing (modern) processes, then this economic and environmental reality may 5 dictate Its replacement. Included In the economic evaluation of future processes must be the impact of pollution control as a result of the application of SKWL considerations. In determining vhat constitutes a process and vhat Is the typical process, process .-; controls for vater pollution abatement reasons should not be Included. The SRVL should he measured for the process Including the effect of normal process control but excluding ln-plant measures applied for pollution purposes. Tbs con tractor must make recoamendatlors regarding definition of process controls. As a f general guideline a pollution control process Is one vhsrs the sole purpose of the process unit Is compliance vith pretreatment or effluent treatment requirements, but recovery and utllixatlon of product or by-product losses (if any) is Incidental and may reasonably be shovn to be uneconomical. * \ > ~ -.aagSWa^^iaL^y ^^^ys#eafl^ggS^fi&^^e^^JaMBa3efekaSS^ 9 Bo credit for controls (bell be reflected In the 8RVL for control processes where: s) The prloary purpose of the process unit Is economical recovery end utilisation of product or by-product losses} b) the prlnsry purpose of the process unit Is the mlnlmixation of the bstsrds or costs of vestevster collection; sod c) the prlnsry purpose of the process unit is sdnlnl ration of pollution con trol costs by raw materiel cr processing agent substitution, process acidi fication or recovery and utilisation of product and/or by-proOuct losses. The contractor will be required to Bile an engineering Judgement and to document this decision where a control falls between the guidelines set above. Thus, an industry will be given credit for in-plant controls initiated for water pollution abatement when determining effluent requlresents. However, process control does not Include basic good-housekeeping practices. Vhere there Is any dispute as to whst constitutes s process control, the FVQA will decide. B. DEFISIT.'OH Of STANDARD RAW WASTE LOAD (SKVL) 1. Determine Availability of Pets and Evaluate Their Validity The contractor shall Identify and enumerate the sources of data from which the SRVL will be determined. Consideration should be given to using the experience and Input froa regulatory agencies, industrial associations, academic societies and Institutions, equipment suppliers, and other con sultants, in addition to tha contractor's ovn experience and that vhlch Is 9 presented In the literaturs. i ' i w m i .uissi| 'I J I P P l i p p IjWJH*!*y 'ii - itgli ^ O- \ aiak^ 0 ai The validity of the data should be evaluated and defined In terse of: the quellflcetlone of the author or tource; the timeliness or currency of the aluee; the number and frequency of data points and the sampling and analyti cal procedures employed; the assumptions, handling, analysis, and Interpre tation of the data; and the coincident availability of throughput, operation, process definition and other pertinent production Information. 2. SKVL Units of Expression The contractor should define and enumerate the most significant and all normally added pollutants produced from both existing and future processes. Units of expression should be recocsended and defined in unit terms of either raw material consumption or production rates consistent vith the basis for defining the manufacturing process. Where prsctical, only the incremental waste load added In the particular process to raw or process (recycled or reused) water will be presented to minimize effects of Influent vster quality. J. Define SRVL Using the data available and the recccoended units of expression, the con tractor shall calculate and project the unit or process raw waste load. Reccgaltlca and allowance must also be made for auxiliary or supporting activities and services which are necessary for the existing and future processes to operate. These Include proportionate wastes contributions from cooling towers; on-slte stream and power generation; process water pretreat ment; determination and maintenance of product quality control; raw material or finished product transfer and storage facilities; etc. The contractor shall discuss and define the effectiveness of applicable in-plant process control techniques which are or can be employed solely for pollution ebatement. He ahould develop guidelines for the selection of those control tech nique* which are routinely employed in the industry solely for pollution : l ! s? p r i i &, r (= ' f: r f." K: r rc s & i- I- v I g s. fr *T la . ... . . r _ ..... . - '^1 . 4 si n abatement, to that these may be properly accounted for In development of SRVL for the (elected pr-oce(e(. These guidelines should he presented to FVQA for review and consent prior to the completion of the definition of s SRVL'a. Where possible, SRVL's should be presented as a single value each for the ' existing and for the future processes. If insufficient data or widely vary: lng process vaste loads are encountered, the contractor shall present what he believes are valid ranges of values for both classifications of processes, along with a description of factors affecting the variations. As noted in the Introduction, Judgement mist be applied in the selection of levels of operation and of pollutant generation. Prior to characterising the SRVL for a typical process, a decision must be made to the time period for evaluation of levels of operation. Critical to this decision are the i J necessity of replication of the SRVL and effective enforcement of the effluent 3 .i requirement. -i l. Qualifications to and Confirmation of SRVL The contractor shall discuss and quantify, where practical, the Influences of housekeeping, process operating variables (temperature, pressure, rate of throughput with respect to "design" rate) scale of unit site, product purity requirements, etc., on the SRVL. The Influences of preceding and subsequent ' processes; sources and purification of raw materials, finishing and improve ment of product quality should also be presented. 1 The contractor shall, where possible, compare the plant effluent raw vaste load computed by sum&ing the process SRVL against the actual plant raw vaste effluent loads for several plants incorporating a significant number and variety of typical and new processes. ' < 5. Definition and Delineation of Addition*! Heeds i Based on the findings and analysis of bis Investigations, the contractor shall define and recommend a program vhlch can b used to permit field con i firmation of the WL data developed in Step B-3 or to develop additional data adequate to complete the definition intended in the scope of this por tion of the study. The recommended program vill serve as a basis for the development of additional contract* to complete, extend and maintain current the SRVL data for this Industry. It is expected that the timing constraint* of the project covered by this vork atatement vill not permit acquisition of specific nev analytical data for the purpose of defining SKVL'a. C. EVALUATE PBOVEM AKD APPLICABLE WASTEWATER TREATHEKT A-KD COSTROL HETHODS AS A BASIS FOR DETERMIHIHG EASE LEVEL OF TREATWEST (BLT) A5D BEST AVAILAJLE TOEATMEKT (BAT) 1. Determine Availability of Data and Evaluate Their Validity i The contractor shall identify and enumerate the sources of data from vhlch the BLT and BAT vill be determined. Consideration should be given to using 1 the experience and input from regulatory agencies, industrial associations, academic societies and Institutions, equipment suppliers, and other con sultants, In addition to the contractor's ovn experience and thst vhlch is presented in the literature. The validity of the data should be evaluated and defined in terms of: the qualifications of the author or source; the timeliness or currency of the values; the number end frequency of data points and the sampling and analy tical procedure* employed; the eseumptlons, handling, analysis, and inter pretation of the data; and the coincident availability of throughput, operating condition#, and other pertinent performance information. \ i it LIA14433 'mihu IS 2. Discussion of Variable! Affecting Selection end Performance of Treatment Processes The contractor aha.ll present and discuss th lnfluanca ofi Indus trial practica vlth retard to treatment of effluents from single processes vis-a-vis combination* of processes; the types and numbers of processes usually com bined; in-plant pollution or process control alternatlres; specific Individual and combination* of pollutants normally expected in the effluents frcsi txlsting and future processes; climate and location; available land area; and recslvlnc stress) quality, flow, and use classification on the selection and performance of treatment processes. A comparison of alternative treatoent techniques as to capabilities, performance, advantage* and disadvantages, by-product dis posal, etc., should be prepared. Total Impact on the receiving environment must be Included in the evaluation. The contractor shall also present actual plant performance data for the in dustry under evaluation. All applicable types of treatment processes should be included. Production processes served, raw vaste quality and characteristics, design loadings and criteria, and effluent quality should b tabulated along vlth any available production and process information. Any Information on types SDd quantities of by-products and their disposition should also be in cluded. Pull-scale, as veil as bench and pilot-scale data, are to be included. Data relating costa of treatment and control facilities to level of performance should be accumulated and evaluated, as they affect the selection of base level of treatment. The purpose of this Information is to serve as a basis for evaluation of vhat constitutes BLT and BAT and vhy. LIA14434 Hi 3. fiat erml nation of BLT mi BAT Ualng the Information generated above, the contractor shall quantity tha degree of removal attainable through in-plant process and/or vaste control techniques and effluent treataent as related to rav vastevater characteris tics and processes. Basic ln-plant process control and effluent treatment ? effectiveness should be combined In a manner that can be related to the SKVL, and the parameters vhlch define It, for the processes(ea) selected. The con tractor shall select and recoroend, for final definition by FVQA, the Base ' \ Level of Treatment (BLT) applicable to a process, or to a commonly used or logical combination of processes. As a guideline, the BLT selected for a given case should be one vhere that degree of treatment and control baa been -j or Is being reliably obtained In a number (3 or more) of the better facilities within the particular Industrial category. Where present treatment within a category la essentially non-existent or Inadequate by reason of improper ap plication of technology, BLT Is that degree of treataent or pollution control .-j vhlch can be reasonably achieved vlth available technology, using experience In related applications and normal engineering practices as applied by vell- 1 quallfled engineers. The base level of treatment will be stated In terms of units of pollutants per units of production (or raw material). The base level < i of treatment Is to be limited to significant pollutants in tbs SKVL, vhlch are j vi of value In determining the general quality cf the effluent. Vhere coablned :4 municipal-industrial vastevater treatment is the prevailing or very common 'A control or disposal proesdura, tbs required level of pretreatment eball be employed to define a range of BLT for appropriate Industry or process for coablned treatment. The base level of treatment may be considered to be a general effluant re quirement. However, vhere a better effluent Is required to meet receiving 1 f; m ' r" - ' ' ^ '' r.: '- '' ;- .... \ -. .- - .--,..'V '.'& `-' '^A^>--' "' - * %-P*.-' * . * .'.::. . .v' ,.'.*:' ~ ^x'.'.*>.,,* 1 Jp '. fii IIA14435 nvmaimvm^i d t water quality standards, a responsible regulatory agency can, using the SRVL of the plant and known treatment efficiencies, require a better quality affluant. Tba contractor shall aalact and recommend, for final determination by FVQA, tha beat available treataent (BAT) for the Industrial category. It Is recognised that the level of control attainable on tha affluent froa one plant la not neceaaarlly translatable directly to a similar plant. Hover*r, tha general effectiveness of a treataent process can b used as a guideline to aid In establishing effluent requirements for a given process or plant. The best available treatment vlll be the highest degree of treatment and con trol that: (1) baa been achieved In actual practice and is an outstanding example within the particular Industrial category; or (2) la capable of being designed by veil-quailfled engineers based upon pilot plant or other reliable design data. In moat cases, the best available treataent vlll be determined to be the highest degree of treatment found feasible as a result of the treatneat evaluation study In Step C-3. The beat available treatment vlll be stated In the same units as the base level of treatment but It vlll Include all pollu tants specified In the SHtfL's for the Industry. The essential difference other than degrees of treataent between the base level of treataent and the best available treataent Is cost. The base level of treataent Is assumed by definition, as economically feasible for all units vlthln an industrial category. The best available treataent is based on technical feasibility without consideration to current or past feasibility of cost. It. Definition and Delineation of Additional >eeds Based on the findings and analysis of his Investigations, the contractor shall define and recommend a program which can be used to permit field confirmation rn iitwWirirwifo % ' 'h l : -J s. I i 5g '3 : 1 m St.' I- it 1 I? K- fc: S.r P- 3 kI i: 3 LIA14436 -------- - --------------------------------- ---------------------------- --- ..............-- - 15 of the BLT end BAT data developed In Step C-3 or to develop additional data adequate to complete the definition Intended In the scope of this portion of the study. The recommended program vlll serve as a Basis for the development of additional contracts to complete, extend and maintain current the BLT and BAT data for this industry. It Is expected that the timing constraint* of the project covered bjr this work statement vlll not permit acquisition of specific Dev analytical or pilot-plant data for the purpose of defining BIT'S or BAT's. D. IKPLEKEHTATIOB GUIDELHHS Local, State and Federal agencies vlll have to knew hov the effluent requirements were developed By the contractor so that the rgency can repeat the process and vlll have to knov how to apply the effluent requirements In evaluating an Indus trial facilities effluent. The contractor shall provide Implementation guidelines. These guidelines shall develop a definitive basis for the following: 1. Process 2. SRWL 3. BLT A. BAT A narrative shall be prepared explaining hew the above shall be used In developing effluent requirements and the constraints on the use of this Information. Prepare effluent quality criteria If possible for typical industries and graphically pre sent hcv the Information Is to be used. These guidelines should Include the basic Information required by a regulatory agency and the procedure for evaluating this information for a proposed effluent stream. Develop a program. If necessary, to further evaluate and confirm the calculated versus actual data for SRWL, BLT and BAT to subatantlats the validity of the data being used to establish effluent standards. Included shall be an outline of vhere .i tu,wmwii ffij ! jmwii,e .iw iw n w^;p4.iww* > r*; - " :,v`'TiJr^'A ' .. '-ftr - *) :.% 9 :; i 3 ............ ... ..... ' ...... ..... ' ................* it further research end development la needed to Improve the veeteweter treatment and control technology within the industry. Develop manpower planning criteria for each of the wastewater treatment proceaaea evaluated for which such criteria has not already been prepared. InforMtloa will he provided to contractors on the criteria new developed. The contractor ahall prepare a report on the Industry to Include the Information requested in A through D of this statement of work with background narrative, plus general narrative information on the Industry necessary for a comprehensive evaluation of the lnduatry. t. PROJECT ECTCUTiai The project shall he executed In a manner that will permit maximum knowledge of d the constraints and progress. To accomplish the objective, review meetings will he held at the completion of each task. At the review meeting, the contractor shall present the Information obtained, initial conclusion reached and outline the execution procedure for the next talk. The contractor la required to submit s tilestone diagram indicating the tentative completion dates for tasks. The project will have two output dates - the first is an interim output where data necessary for FVQA to develop effluent requirements will he required; and ;* the second is the final report. * " 'V vrv f r x *' . :-iiirnf~f'tfiiiis "iiitiT rr