Document a1VxpjNGg65znVyD174mZGrGb

c-% 40,100 Federal Cases Ml 7 1/i 7i Federal Water Pollution Control Act 307(a) Toxic Pollutants--List of Toxic Pollutants--Selection Process--Settlement Agreement--The Administrator of the EPA must, as stipulated in a settlement agreement, regulate effluents containing any of 65 toxic pollutants listed in the agreement through the use of effluent limitations and guidelines and new source performance standards. Regulations applicable to these substances must be issued unless equally or more stringent protection is provided by other regulatory measures, the pollutant is contained in intake waters, the pollutant is not present in discharges or the pollutant is not a threat to treatment works or receiving waters. Back reference: H 912. Federal Water Pollution Control Act 301, 304, 306 and 307 Toxic Pollutants--Effluent Limitations and Guidelines--Pretreatment Standards--Settlement Agreement. -- Effluent limitations and guidelines and pretreatment standards for certain toxic pollutants must be issued by the Administrator of the EPA under the terms of a settlement agreement. These regulations must be applicable to twenty^one industrial categories listed in an appendix to the agreement and identified by their respective Standard Industrial Classification Code. Back references: fl 912; 975; 1000. [Text of Court 's Opinion] FINAL ORDER AND DECREE Whereas, the plaintiffs and the federal defendants to the above-captioned cases have agreed to the attached Settlement Agreement which they consider a fair and adequate resolution of the issues involved in each of the above-captioned cases; and Whereas, this court finds and determines that the attached Settlement Agreement represents a just, fair, and equitable resolution of the issues raised in the alxivecaptioned cases; and Whereas, the attached Settlement Agreement is made a part of this Decree and incorporated herein by reference; and Whereas, the court takes cognizance that the intervening defendants do not waive any right to pursue in litigation any position inconsistent with this Decree or to challenge on any grounds regulations promulgated pursuant to this Decree; and IVhereas, the court by this Decree expresses no opinion as to whether the actions to be taken by the federal defendants pursuant to this Decree will or will not conform to the statutes and laws of the United States; Alow. Therefore, it is Ordered. Adjudged and Decreed that: (1) The four above-captioned cases shall lie consolidated; (2) The attached Settlement Agreement is approved; (3) Compliance with its terms and provisions is directed; and 1140,012 ('ll Jurisdiction is retained to effectuate compliance with its terms and conditions. (.Settlement Agreementl Whereas, the Administrator of the Environmental Protection Agency (hereinafter the "Agency"), defendant in the above-captioned law .suits, is empowered under the Federal Water Pollution Control Act, as amended. Pub. L. 92-500, 86 Stat. 816, 33 U.S.C. ij!j 1251 et seq., (hereinafter "the Act"), to develop and promulgate regulations establishing effluent limitations and guidelines and new source performance standards based upon considerations of technology and other factors enumerated in the Act. and specifically in Sections 301, 304(b). and 306, for the purpose of controlling the discharge of pollutants from point sources into the navigable waters of the United States; and Whereas, defendant has promulgated a substantial number of regulations pursuant to the aforesaid authority applicable to specified industrial categories and sub categories of point source discharges, and additional such regulations are expected to be promulgated in the future; and Whereas, all such effluent limitations which are designed to require application of "the best available technology economically achievable" under Section 301(b)(2) are required to lie reviewed bv defendant "at least every five years and, if appropriate, revised" pursuant to Section 301(d) of the Act; and IVhereas, pursuant to Section 307(a) of the Act. defendant is required to publish a list ol toxic pollutants and thereafter to 1976, Commerce Clearing House, Inc. r Pi; Tc'-'c. PLAINTIFF'S EXHIBIT LAM 016608 DPMC-13328 14 1 7 15-7S Cited "2 PCG % 40,101 propose and promulgate ellluent standards ior such toxic pollutants which 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 such organisms," and which shall provide "an ample margin of safety"; and Whereas, pursuant to Section 307(b) of the Act, defendant is required to establish "pretreatment standards for introduction of pollutants into treatment works (as defined in Section 212 of the Act) which are publicly owned for those pollutants which are determined not to be susceptible to treatment by such treatment works or which would interfere with the operation of such treatment works"; and Whereas, on September 7. 1973, defendant promulgated a list of nine toxic pollutants (namely a I d r i n / d iel d r i n. Benzidine, cadmium, cyanide. DDT (DDE, DDD), endrin, polychlorinated biphenyls, mercury and toxaphene) and on December 27. 19"3. proposed standards for said pollutaius; and Whereas, hearings were held on said proposed standards during April and May, 1974, but final toxic pollutant effluent standards have never been promulgated due to the Agency's belief that the record developed at the hearings would not supimrt final standards; and Whereas, plaintiffs in Civil Action No. 2153-73 seek an order of this Court directing defendant to add certain sub stances to the list of toxic pollutants published by the Agency on September 7, 1973 under Section 307(a) and toamend his selection criteria for such substances, which action was dismissed by this Court on May 23, 1974, Natural Resources Defense Council v. Train, (1 PCG D 15,071] 6 ERC 1702 (D.D.C. 1974), and which case was remanded by .the United States Court of Appeals for the District of Columbia Circuit to this Court on September 15, 1975, 519 F.2d 287 (D.C. Cir. 1975) |1 PCG H 15,140] with instructions that the Court consider the entire administrative record and reconsider its decision; and Whereas, plaintiffs in Civil Actions No. 75-0172 and 75-1698 in their respective complaints seek orders declaring that defendant has a statutory duty to promulgate final toxic pollutant effluent standards for the nine substances on the list promulgated by him on September 7, 1973, and directing defendant to promulgate such standards; and defendant in Civil Action No. 75-0172 has filed an answer therein admitting certain allegations and denying others: and Whereas, plaintiff in Civil Action No. 75-1267 seeks an order declaring that defendants have a duty to establish pre treatment standards under Section 307(b) of the Art and directing defendants to promulgate the pretreatment standards required by the Act and as described in said complaint; and Whereas, the parties to this Agreement believe the agreement as hereinafter set forth constitutes an appropriate resolution of the issues raised by the above-captioned complaints; Now Therefore, it is hereby Stipulated and Agreed as follows: A. The Standards of Control 1. In accordance with the Schedule set out in paragraph 7 below, and as further specified in |>aragraphs 4, 5, and 6 below, the Administrator shall develop and promulgate regulations which shall establish and require achievement at the earliest passible time, but in no case later than June 30, 1983, of effluent limitations and guidelines for classes and categories of point sources which shall require application of the best available technology economically achievable for such category or class, which will result in reasonable further progress toward the national goal of eliminating the discharges of all pollutants, including toxic pollutants. These regulations shall establish limitations and guidelines which meet or incorporate the following criteria; (a) such regulations shall require the elimination of discharges of all pollutants if the Administrator finds, on the basis of information available to him (including information developed pursuant to this Agreement and to Sections 308 and 315 of the Act), that such elimination is technologically and economically achievable for a category or class of point sources; (b) in establishing such effluent limitations and guidelines, the regulations shall identify, in terms of amounts of con stituents and chemical, physical, and biological characteristics of pollutants, the degree ol effluent reduction attainable through the application of the liest control measures and practices achievable including treatment techniques, process and procedure innovations, operating methods, and other Pollution Control Guide 140,012 LAW 016609 DPMC-13329 40,102 Federal Cases 141 7.15-76 alternatives- for each class or category of point sources; and (c) in establishing such effluent limitations and guidelines, the Adminis trator shall take into account the age of equipment and facilities involved, the process employed, the engineering as|iecLs of the application of various types of control techniques, process changes, the cost of achieving such effluent reduction, non-water quality environmental impact (including energy requirements), and such other factors as the Administrator deems appropriate. 2. In accordance with the Schedule set out in paragraph 7 below, and as further specified in paragraphs 4, 5 and 6 below, the Administrator shall develop and promulgate regulations which shall establish national standards of performance for classes and categories- of new point sources which standards shall reflect for each class or category the greatest degree of effluent reduction which the Administrator determines to be achievable through application of the best available demon strated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants. Such standards shall lie developed and applied in the manner specified in Section 306 of the Act. 3. In accordance with the Schedules set out in paragraphs 7 d 13 lielow, and as further specified in paragraphs 4, 5. 6 and 13 below, the Administrator shall develop and promulgate regulations which shall establish pretreatment standards for introduction of pollutants into treatment works (as defined in Section 212 of the Act) which are publicly owned for those pollutants which are determined not lo he susceptible to treatment by such treatment works or which interfere with, pass through, or are otherwise incompatible with such works. Such standards shall be developed and applied in the manner specified in Section 307(h) and (c). B. Specified Pollutants 4. (a) Except as provided in paragraph 8 below, for each class or category of point sources for which effluent limitations and guidelines and new source standards of performance are developed pursuant to this Agreement, such regulations shall establish effluent limilalions and guidelines and new source standards of performance expressly applicable to each of the pollutants listed In Appendix A to this Agreement. Except as provided in |iaragraph 8 lielow, for each class or category of point sources * for which pretreatment standards are developed pursuant to this Agreement, such regulations shall establish pretreatment standards expressly applicable (i) to each of those pollutants listed in Appendix A to this Agreement which pollutants are introduced into treatment works (as defined in Section 212 of the Act) which are publicly owned from point sources within such class or category and which pollutants are not susceptible to treatment by such treatment works or which interfere with, pass through, or are otherwise incompatible with such works and (ii) to such other pollutants which are introduced into such treatment works and which are not susceptible to treatment by such treatment works or which interfere with, pass through, or are otherwise incompatible with such works. (h) In addition to those pollutants for which regulations must be established pursuant to Sulisection (a) of this paragraph 4, the Administralor shall also identify the categories or category of point sources which are discharging into navigable waters or introducing into treatment works (as defined in Section 212 of the Act) which are publicly owned the pollutants listed in Appendix C to this Agreement. C. The Point Source Categories 5. The regulations developed pursuant to this Agreement shall establish effluent limitations and guidelines, new souree standards of performance, and, except as provided in paragraph 8 lielow, pretreatment standards, for each of the classes or categories (herein referred to as "categories" or "category") of point sources listed in Appendix B to this Agreement. The scope of point source coverage of each listed category is determined by the Standard Industrial Classification. (SIC) Code number or numbers which are set forlh in Appendix B for each listed industrial category. D. Point Source Coverage 6. (a) The effluent limitations and guidelines, and standards of performance and, except as provided in subparagraph (h) below, pretreatment standards promulgated for each of the point source categories listed in Appendix B shall cover at least 95 percent of the point sources which are within that category. (b) The pretreatment standards which shall he developed and promulgated pursuant to the schedule set out in paragraph 13 of this Agreement shall, for each of the point source categories listed in 1140,012 c-1976, Commerce Clearing House, Inc. Ml 7-15-7H Cited "2PCG|.... " 40,103 subparagraph 13(b), cover (i) at least 95 percent of the point sources, as defined in subparagrapli (a) alwve, which are within that category, or (ii) at least 95 percent ol the amount of those pollutants introduced into treatment works (as defined in Section 212 of the Act) which are publicly owned by the point sources which comprise each such point source category and which pollutants are not susceptible to treatment by such treatment works or which interfere with, pass through, or are otherwise incompatible with such treatment works. E. Regulation Development Schedule 7.(a) In developing the data necessary to issue the regulations described above lor each of the point source categories listed in Appendix B, the Administrator shall engage the services of such contractors as he deems appropriate to gather and assemble information relating to technology, ecological and public health effects, and economic impact, according to the following time table. Contracts comprehensively covering all matters to be studied shall lie executed for three categories not later than June 30, 1976; for another two categories not later than September 30, 1976; for another five categories not later than December 31, 1976; for another six categories not later than June 30, 1977: and for the remaining five categories not later than October 31, 1977. For purposes of compliance with the foregoing the Adminis trator shall be deemed in compliance with the June 30. 1976, deadline if with respect to the contracts required to be executed by said late he has issued Requests For Proposal which result in the execution of contracts within sixty days following such date. Contractors shall be required to the maximum feasible extent to complete their performance within 12 months or less from the date qf execution of such contract, provided, however, that contractors for contracts executed during the period ending October 31, 1977, shall be required to complete their performance on or before October 31, 1978. Notwithstanding the pro visions of the foregoing sentence, the parties to this Agreement recognize that contracts for economics studies normally require for their performance a period of time extending approximately three months beyond completion of technology studies, and the Administrator shall not be deemed to be in default of the performance of his obligations under this paragraph if such additional three month period beyond the 12 month (or other) period allowed for technology and ecological and public health studies is Pollution Control Guide allowed for completion of a related economics study. (h) The regulations required In he developed under this Agreement for each category shall be proposed by publication in the Federal Register not later than 6 months following the completion of performance of the contract or contracts issued for each such category, and shall be finally promulgated for such category not later than 6 months following proposal. Proposed regulations for five categories shall be published in the Federal Register not later than September 30, 1978; proposed regulations for another five categories shall be published in the Federal Register not later than December 31, 1978; proposed regulations for another six categories shall be published in the Federal Register not later than March 31, 1979; and proposed regulations for the remaining five categories shall be published in the Federal Register not later than June 30, 1979. Final regulations for five categories shall be promulgated not later than March 31, 1979; final regulations for another five categories shall be promulgated not later than June 30, 1979; final regulations for another six categories shall be promulgated not later than September 30, 1979; and final regulations for the remaining five categories shall be promulgated not later than December 31, 1979. (c) In determining the order or priority in which such category-by-category contracts are issued, the Administrator shall follow the prioritization set forth in Appendix B, except that where information comes to the attention of the Administrator indicating that the goals and purposes of the Act can be better served by changing the prioritization of any one or more categories, he may do so and shall promptly advise the parties to the captioned cases in writing of his decision to do so; the parties to this Agreement intend, however, that such changes shall be few in number. In no event, however, shall a change in priority result in promulgation of fewer regulations than are required on a cumulative basis by subparagraphs (a) and (b) above. (d) Compliance with the dates for publication of proposed regulations and for promulgation of final regulations shall be deemed satisfied if the Administrator signs the regulations for each listed category of point sources on or before the date specified in the Schedule. The Administrator shall use his best efforts to obtain the earliest possible Federal Register publication following his signature of each proposed and U 40,012 LAM 016611 DPMC-13331 40,104 Federal Cases Ml 7-15-76 final regulation. The regulations shall be effective not later than 30 days following their publication in the Federal Register, F. Exclusion Of Point Source Categories And Exclusion OfSubstances From Specific Point Source Categories Or Subcategories 8.1a) Upon completion of the technology, economic, and public health and ecological data gathering, including contracts, for a point source category listed in Appendix B and prior to publication of proposed regulations for such point source category, the Administrator may exclude from regulation under the effluent limitations and guidelines, standards of performance, and/or pretreatment standards contemplated by this Agreement for such category a specific pollutant for any of the following reasons, based upon information available to him: (i) Equally or more stringent protection is already provided by an effluent, new source performance, or pretreatment standard or by an effluent limitation and guideline promulgated pursuant to Section(s) 301, 304, 306, 307(a), 307(b) or 307(c) of the Act. (ii) Except for pretreatment standards, the specific pollutant is present in the effluent discharge solely as a result of its presence in intake waters taken from the same body of water into which it is discharged and, for pretreatment standards, the specific pollutant is present in the effluent which is introduced into treatment works (as defined in Section 212 of the Act) which are publicly owned solely as a result of its presence in the point source's intake waters, provided however, that such point source may.be subject to an appropriate effluent limitation for such pollutant pursuant to the requirements of Section 307; or (iii) the specific pollutant is either not present in the discharge or in the effluent which is introduced into treatment works (as defined in Section 212 of the Act) which are publicly owned or is present only in trace amounts and is neither causing, nor likely Lo cause, toxic effects with respect to any identifiable organisms affected or likely to be affected by such discharge or effluent. Such exclusions may also be made following proposal or promulgation of standards whenever information comes to the attention of the Administrator indicating that exclusion for any of the foregoing reasons is warranted. (b) Upon completion of the technology, economic, and public health and ecological data gathering, including contracts, for a point source category listed in Appendix B and prior to publication of proposed regulations for such point source category, the Administrator may exclude from regulation under the pretreatment standards contemplated by this Agreement all point sources within a point source category or po in l sou rce su bca legory: (i) if 95 percent or more of all point sources in the point source category or subcategory introduce into treatment works (as defined in Section 212 of the Act) which are publicly owned only pollutants which are susceptible to treatment by such treatment works and which do not interfere with, do not pass through, or are not otherwise incompatible with such treatment works, or (ii) if (A) the amount of pollutants introduced by such point sources into treatment works (as defined in Section 212 of the Act) which are publicly owned which pollutants are not susceptible to treatment by such treatment works or interfere with, pass through, or are otherwise incompatible with such treatment works and (B) the toxicity of such pollutants taken together is so insignificant as not to justify developing a pretreatment regulation in accordance with the schedules set out in paragraphs 7 and 13 of this Agreement. (c) Whenever the Administrator decides to exclude a point source category or a specific pollutant from coverage pursuant to this section of this Agreement, he shall promptly serve upon the parties to the captioned cases, or their designated repre sentative or attorney, a statement under oath designating the point source category or subcategory or specific pollutant to be excluded together with the reasons therefore. Such statement shall detail the reasons for the Administrator's exclusion, and shall set forth the data and information forming the lias is for the exclusion. Proposed regulations for each point source category or subcategory shall identify each such exclusion, shall summarize the Admin istrator's statement, and shall invite public comments on such exclusion. G. Progress Reports 9. The Administrator shall provide the parties to the captioned cases quarterly oral briefings which shall discuss in reasonable detail the progress of the Agency and its contractors in the development and promulgation of the regulations required by H 40,012 f 1976, Commerce Clearing House, Inc. Ml 7 l.r, 7ti Cited "2 PCG % 40,105 this Agreement, and as appropriate shall provide the parties to the captioned cases with pertinent documents and written materials supporting such progress reports. H. Applicat ion Of RcgulaIioiis To Point Sources 10. The regulations developed pursuant to this Agreement shall be applied and shall be requ'-od to be applied by the Administrator to lnu full extent of his authority as expeditiously as possible to all point sources covered by such regulations. Such application: (a) shall where applicable be accomplished by issuance or modification of an NPDES permit; with respect to any NPDES permit issued pursuant to Section 402(a) and (b) of the Act for any point source within a point source category listed in Appendix B which is issued or renewed on or after January 1, 1978, but prior to promulgation of the applicable regulations required hereunder, the Administrator shall require a provision in the permit that such permit shall be revised or modified so as to require compliance with any more stringent effluent limitation, guideline, or standard which may be established for such point source category pursuant to this Agreement; (b) shall require achievement of any effluent limitation or guideline or pretreatment standard at the earliest possible time but in no case later than June 30,1983;and (c) shall apply new source performance standards and pretreatment standards in the manner specified in Sections 306 and 307 of the Act. I. Additional Protection Of Public Health 11. Not later than June 30, 1978, after opportunity for public comment, the Administrator shall publish under Section 304(a) of the Act water quality criteria accurately reflecting the latest scientific knowledge on the kind and extent of all identifiable effects on aquatic organisms and human health of each of the pollutants listed in Appendix A. Such water quality criteria shall state, inter alia, for each of the pollutants listed in Appendix A, the recom mended maximum permissible con centrations (including where appropriate zero) consistent with the protection ol aquatic organisms, human health, and recreational activities. listed in Appendix A by a point source or group of point sources would, with applica tion of diluent limitations, guidelines and standards otherwise mandated under this Agreement, interfere with the attainment or maintenance of that water quality in a specific portion of the navigable waters which shall assure protection of public water supplies, agricultural and industrial uses, and the protection and propagation of a balanced population of shellfish, fish and wildlife, and allow recreational activities in and on the water, the Administrator shall forthwith establish more stringent effluent limitations and guidelines (including alternative effluent control strategies) for such point source or sources pursuant to his authority under Section 302, or at his dis cretion under Sections 301/303 or 307(a).* * Not later than June 30, 1978, the Administrator shall establish a specific and substantial program with the objective and capability of determining whether more stringent effluent limitations, guidelines, and standards are necessary under this Paragraph 12. J. Promulgation Of Pretreatment Regula tions For Specific Point Source Categories 13.(a) In accordance with the Schedule set out in subparagraph (b) helow, the Administrator shall develop and promulgate regulations which shall establish pretreat ment standards for introduction of pollutants into treatment works (as defined in Section 212 of the Act) which are publicly owned for those pollutants which are determined not to be susceptible to treatment by such treatment works or which interfere with, pass through or are otherwise incompatible with such works. Such standards shall be developed and applied in the manner specified in Section 307(b) and (c) of the Act. Limitations regarding point source coverage shall be consistent with the requirements of paragraph 6 of this Agree ment. The parties to this Agreement agree that the pretreatment standards promulgated pursuant to the schedule set out in this paragraph shall be generally analogous to best practicable control technology currently available as set out in Sections 301 (b)( 1 )(A) and 304(b)(l) of the Act as distinguished from the pretreatment standards promulgated pursuant to paragraph 7 above to which both technological standards set out in Sections 301(b)(1)(A) and 301(b)(2)(A) and 304(b) shall apply. 12. Whenever in the judgment of the (h) Pretreatment regulations as provided Administrator the discharge of any pollutant in subparagraph (a) above shall be Pollution Control Guide 140,012 LAM 016613 DPMC-13333 40,106 Federal Cases 141 7-1576 promulgated according to the following schedule: Point Source Category | * * *] Promulgation Date Timber Products Processing Oct. 15, 1976 Nonferrous Metals Manufacturing Oct. 15, 1976 leather Tanning & Finishing Feh. 15, 1977 Petroleum Refining Feb. 15, 1977 Steam Electric Power Plants Feb. 15. 1977 Electroplating May 15. 1977 Textile Mills May 15, 1977 Inorganic Chemicals Manufacturing May 15, 1977 Compliance with the dates for promulgation of final regulations as established by this paragraph shall be deemed satisfied if the Administrator signs the regulations for each listed category of point sources on or before the date specified above. The Administrator shall use his best efforts to obtain the earliest possible Federal Register publica tion following his signature of each final regulation. The regulations shall be effective not later than 30 days following their publication in the Federal Register. K. Standards Under Section 307(a) 14. The Administrator shall propose standards pursuant to Section 307(a) of the Act for aldrin/dieldrin, DDT (DDD, DDE), endrin, and toxaphene on or before May 31, 1976; and for benzidine on or before June 22, 1976; and for polychlorinated biphenyls (PCB's) on or before July 14, 1976. Not later than six months following proposal of each set of such standards, the Administrator shall promulgate final standards for each of such pollutants. L. General Provisions 15. Section and Paragraph Headings The headings and titles of the various sections and paragraphs of this Agreement are intended for purposes of identification and convenience only and are not to be construed as imparting or affecting any sub stantive rights or obligations under this Agreement. 16. Complete Agreement This Agreement, together with the Appendices attached hereto and identified herein, constitute the entire agreement between the parties to this Agreement con cerning the rights and obligations herein discussed, and shall become effective upon its approval and incorporation into an appropriate order by the United Slates District Court for the District of Columbia. 17. Notice to Parties. Designation Any notice or modification required to be servetl upon any of the parties to this Agree ment under any of the terms of this Agree ment shall lie given as follows: If to defendants Russell E. Train, James I. Agee, or Environmental Protection Agency: General Counsel Environmental Protection Agency 401 M Street, S.YV. Washington. DC. 20460 Thomas A. Pursley, III, Esq. Land & Natural Resources Division Department of Justice 9th & Pennsylvania Avenue, N.W. Washington, D.C. 20530 If to plaintiff Natural Resources Defense Council, Inc.: Director, Project On Clean Water Natural Resources Defense Council, Inc. 917 15th Street. N.W. Washington, D.C. 20005 If to plaintiff Environmental Defense Fund, Inc.: Dr. Robert Harris Environmental Defense Fund, Inc. 1525 18th Street, N.W. Washington, D.C. 20036 Ronald J. Wilson, Esq. 810 18th Street, N.W, Washington, D.C. 20006 If to plaintiff Businessmen for the Public Interest, Inc.: David D. Comey Director, Environmental Research Business and Professional People for the Public Interest 1 29 North Dearborn Street Chicago, Illinois 60606 If to plaintiff National Audubon Society, Inc.: Louis R. Proyect. Esq. Gifford, Woody, Carter & Hays One Wall Street 1140,012 '01976, Commerce Clearing House, Inc. 7 15 76 Cited "2 PCG f 40,107 New York, New York 10005 If to plaintiffs Citizens for a Better Environment or Dennis L. Adamczyk: Sherwood L. Levin, Esq. 188 W. Randolph Street Chicago, Illinois 60601 If to intervening defendants National Coal Association and member companies: Robert F. Stauffer General Counsel National Coal Association 1130 17th Street, N.W. Washington, D.C. 20036 Any party to this Agreement may change his designee for notice by sending written notice of such change to each of the other such parties. 18. By executing this Agreement, any intervening defendant signatory does not waive any right to pursue in litigation any position inconsistent with this Decree or to challenge on any grounds regulations promulgated pursuant to this Decree; In Witness Whereof, the parties to this Agreement have executed this Settlement Agreement this 7th day of June, 1976. -- Footnotes -- As used in this Agreement, the term "point sources'* applies both to discharges of pollutants min navigable waters and to the introduction of pollutants into treatment works (as defined in Section 212 of the Act I which are publicly owned. This reference to the various Sections of the Act reflects the agreement of the parties hereto that under this Agreement the Administrator may act under Sections 301/303 (water quality standards), Section 307(a), or Section 302 in establishing such more stringent limitations. It does not reflect any agreement among the parties to this Agreement as to whether the Administrator must act under more than one of these authorities. SIC Code Classifications for each of the above point source categories are set forth in Appendix B attached hereto. Appendix A Acenaphthene Acrolein Acrylonitrile Aldrin/Dietdrin Antimony and compounds* Arsenic and comfXHjnds Asbestos Benzene Benzidine Beryllium and com|x>uinLs Cadmium and compounds Carbon tetrachloride Chlordane (technical mixture and metabolites) Chlorinated benzenes (other than dichlorohcnzenes) Chlorinated ethanes (including 1,2dichloroethane, 1,1,1-trichloroethane. and hexachloroethane) Chloroalkyl ethers (chloromethyl, chloroethyl. and mixed ethers) Chlorinated naphthalene Chlorinated phenols (other than those listed else where; includes trichiorophenols and chlorinated cresols) Chloroform 2-chlorophenol Chromium and compounds Copper and compounds Cyanides DDT and metabolites Diclilorobenzenes (1,2*. 1,3-. and 1.4dichlorolH-'nzenes) Dichlor<il>enzidine Dichloroethylenes (1.1- and 1,2-dichloroethylene) 2,4-dirhlorophenol Dichloropropane and diebioropropene 2.4 -d i methyl phenol Dinitrololuene Diphenyl hydrazine Endosulfan and metabolites Endnn and metabolites Ethylbenzene Fluoranthene Haloethers (other than those listed elsewhere; includes chlorophenylphenyl ethers, bromophenylphenyl ether, bis(dischloroisopropyl) ether, bis-(chloroethoxy) methane and polychlorinated diphenyl ethers) Halomethanes (other than those listed elsewhere; includes methylene cloridmethylchloride, methylbromide. bromoform, dichlorobromomelhane, trichlorofluoromethane, dichlorodinuoromethane) Heptachlor and metabolites Hexachlorobutad iene Hexachlorocyclohexane (all isomers) Hexachlorocyclopentadiene Isophorone Lead and compounds Pollution Control Guide u 40,012 LAM 016615 DPMC-13335 40,108 Federal Cases 141 71578 Mercury and compounds Naphthalene Nickel and compounds 2. Steam Electric Power Plains SIC 4911--Electric Services (Limited to SteamElectric Power Plants) 3. Leather Tanning and Finish hit: Nilrolionzene SIC 31--leather ami leather PrnducLs N i l rophenols (Including 2,4 - dmit rophenol, dinilrocresol I Nilrosammes Pentachlorophenol Phenol Phi habile esters Polychlorinated biphenyls (P('EJs) Polynuclear aromatic hydrocarlioris (including h e n /. a n t h r a c e n e s . benzopyrenes, benzofluoranthene, chrysenes. dibenzanthracenes, and mdenopyrenes) Selenium and compounds Silver and corn|>ouuds 2.3,7.H-TetrachlonHli()en/o-p-dioxiri (TCDD) Tet lachloroethylene Thallium and rom|x>unds Toluene Tnvaphenc Trichloroethylene Vinyl chloride Zinc and compounds 4. Iron and Steel Manufacturing SIC 33 I 2--Blast Furnaces (Including Coke Ovens), Steel Works and Rolling Mills. SIC 3313--Electrometallurgical Products. SIC 3315--Steel Wire Drawing and Steel Nails and Spikes. SIC 3316--Cold Rolled Steel Sheet. Strip and Bars. SIC 331 7--Steel PifH1 and Tubes. 5. Petroleum Refining SIC 2911--Petroleum Refining (Including I) Tupping Plant; 2) Tupping and Cracking Plants, 3) 'Popping, ('racking ami Petro-chemica! Plants; 4) Integrated Plants; and 5) Integrated and Petro chemical Plants) 6. Inorganic Chemuals Manufacturing SIC 2812-- Alkalies and ('hlnrme SIC 28 13-- Industrial (lasses SIC 281G--Inorganic Pigments SIC 2819--Industrial Inorganic Chemicals, Not Elsewhere (3jssified 7. Textile Mills Appendix B SIC 22--Text ile M ill Products The scope of coverage for the point source categories listed Udow is as set forth in Paragraphs 5 ami 6 of the Agreement Point Source Categories 1 Tunhtjr Products Prtnx'ssing SIC 2411--Logging Camps and Logging Cont razors ((Sirups Only) SIC 24 21--Saw Mills and Planing Mills. General SIC 23 -- Apparel and Other Finished Products Made Irom Fabric* and Similar Materials 8. Organic Chemicals Manufacturing SIC 28G5--C>lic (Coal Tar} Crudes, and Cylic Intermediates. Dyes, and Organic Pigments (Lakes and Toners) SIC *2869--Industrial Organic Chemicals, Not Elsewhere Classified SIC 24 2b -- Hard wood Dimension and Flooring Mills SIC 2429--Special Purjxjse Sawmills. Not Else where (Massilied SH' 24.11 -- Millwork S|( * 24.14 -- WimkI Kite hen Cabinet* SIC 2435 -- I lardwood Veneer and Plywood 9. Nonferrous Metals Manufacturing SIC 2819--Industrial Inorganic Chemicals, Not Elsewhere Classified (Bauxile Refining Only) SIC 3331 -- Primary Smelling and Refining of Copper SIC 3332 -- Primary Smelting and Refining of Ixud SIC 243G---Softwood Veneer and Plywood SIC 3333 --Primary Smell ing and Refining of Zinc SIC 2439 -- Structural Wood Members. Not Else* hei e ('la.ssif ied SIC 249 I--WirkI Preserving SIC 3334 --Primary Production ol Aluminum SIC! 3339--Primary Smelting and Refining of Nouferrous Metals. Not Elsewhere Classified SIC 2499 -- Wood Products. Not Elsewhere SIC 334 I--Secondary Smelling and Refining of ('l.issif ied (Furniture M ills) Nonlcrrous Metals <1C 2GG1 -- Budding Ibnier ami Building Board Mills (I InrdlMurd Onf> 1 Hi Pacing and Roofing Materials (Tars and Asphalt) SIC 2951 --Paving M i.vtures and Blocks 1140,012 1976, Commerce Clearing House, Inc. LAM 016616 DPMC-13336 Ml 7-15-76 Cited "2 PCG % M 40,109 SJC 2952--Asphalt Felts and Coatings SIC 3996--Linoleum, Asphalted-Felt-Base, and Other Hard Surface Floor Coverings. Not Elsewhen lussified 14. Plastic and Synthetic Materials Manufacturing SIC 282--Plastic Materials and Synthetic Resins. Synthetic and Other Manmade Fibers, except Glass 11. Paint and Ink Formulation and Print inf; SIC 2711--Newspapers: Publishing. Publishing and Printing SIC 2721--Periodicals: Publishing, Publishing and Printing SIC 2731--Books: Publishing, Publishing and Printing SIC 2732--Book Printing SIC 2741--Miscellaneous Publishing SIC 2751--Commercial Printing, Letterpress and Screen SIC 2752--Commercial Printing. Letterpress and Lithographic SIC 2753--Engraving and Plate Printing SIC 2754--Commercial Printing. Gravure SIC 2761--Mainfold Business Forms SIC 2771--Greeting Card Publishing SIC 2793--Photoengraving SIC 2794--Electrotyping and Stereotyping SIC 2795--Lithographic Platemaking and Related Services SIC 2851--Paints, Varnishes. Lacquers, Enamels, and Allied Products SIC 2893--Printing Ink SIC 3951--Pens, Mechanical Pencils, and Parts and Stamp Pads (Inked Materials Only) SIC 3952--Lead Pencils, Crayons, and Artists' Materials SIC 3955--Carbon Paper and Inked Ribbons 12. Soap and Detergent Manufacturing SIC 2841--Soap and Other Detergents, except Specialty Cleaners 13. Auto and Other Laundries SIC 7211 -- Power Laundries, Family and Commercial SIC 7213--Linen Supply SIC 7214--Diaper Service SIC 7215--Coin-operated Laundries and Dry Cleaning SIC 7216--Dry Cleaning PlanLs. Except Rug Cleaning SIC 7217--Carpet and Upholstery Cleaning SIC 7218--Industrial Laundries SIC 7219--Laundry and Garment Services, Not Elsewhere Classified None--Auto Wash Establishments 15. Pulp and Paperboard Mills; and Convened Paper Products SIC 2611-Pulp Mills SIC 2621--Paper Mills, except Building Paper Mills SIC 2631 -- Paperboard Mills SIC 2641--Paper Coating and Glazing SIC 2642--Envelopes SIC 2643--Bags, Except Textile Bags SIC 2645--Die-Cut Paper and Paperboard and Cardboard SIC 2646--Pressed and Molded Pulp Goods SIC 2647--Sanitary Paper Products SIC 2648--Stationery, Tablets, and Related Products SIC 2649--Converted Paper and Paperboard Products, Not Elsewhere Classified SIC 2651 --Folding Paperboard Boxes SIC 2652--Set-up Paperboard Boxes SIC 2653--Corrugated and Solid Fiber Boxes SIC,' 2654--Sanitary Food Containers SIC 2655--Fiber Cans, Tubes, Drums, and Similar Products SIC 2661--Building Paper and Building Board Mills SIC 2782--Blankbooks, Looseieaf Binders and Devices 16. Rubber Processing SIC 2822--Synthetic Rubber (Vulcanizable Elastomers) SIC 2891--Rubber Cement SIC 3011--Tires and Inner Tubes SIC 3021--Rubber and Plastics Footwear (Rubber Only) SIC 3031--Reclaimed Rubber SIC 3041--Ruhber and Plastics Hose and Belting (Rubber Only) SIC 3069--Fabricated Rubber Products, Not Else where Classified SIC 3293--Gaskets. Packing, and Sealing Devices (Rubber Packing Only) 17. Miscellaneous Chemicals SIC 2831--Biological Products SIC 2833--Medicinal Chemicals and Botanical Products SJC 2834--Pharmaceutical Preparations SIC 2861--Gumand Wood Chemicals Pollution Control Guide U 40,012 LAM 016617 DPMC-13337 40,110 Federal Cases Ml 7-15-7H SIC 2879--Pesticides and Agricultural Chemicals, Not Elsewhere Classified SIC 2891--Adhesive and Sealants SIC 2892--Explosives SIC 2895--Carlton Black SIC 2899--Chemicals and Chemical Preparation, Not Elsewhere Classified SIC 3861--Photographic Equipment and Suppl ies 18. ,,Machinery and Mechanical Products Manufacturing SIC 3021 -- Rubber and Plastics Footwear (Balan<*e) SIC' 3041--Rubber.and Plastics Hose and Belting (Balance) SI(.' 3079--Miscellaneous Plastics Products SIC' 3293--Gaskets. Packing, and Sealing Devices (Balance) SIC 3321--Gray Iron Foundries SIC' 3322--Malleable Iron Foundries SIC 3324--Steel Investment Foundries SIC 3325--Steel Foundries. Not Elsewhere Olassii led SIC 3351--Rolling. Drawing, and Extruding of Copper SIC 3353--Aluminum Sheet. Plate, and Foil SIC 3354--Aluminum Extruded Products SIC 3355--Aluminum Rolling and Drawing. Not Elsewhere Classif ied SIC' 3356--Rolling. Drawing, and Extruding ol Nonferrous Metals, except Copper and Aluminum SIC 3357--Drawing and Insulating of Nonferrous Wire SIC 3361--Aluminum Foundries (Castings) SIC 3362--Brass. Bronze. Copper, Copper Base Alloy Foundries (Castings) SIC 3369--Nonferrous Foundries (Castings), Not Else* here Classified SIC' 3398--Metal Heat Treating SIC 3399--Primary Metal Products, Not Else where Clarified SIC 34 11-Metal Cans SIC 3412--Metal Shipping Barrels, Drums. Kegs, and Pails SIC 34 21--Cutlery SIC 3423--Hand and Edge Tools, Except Machine Tools and Hand Saws SIC 3425--Hand Saws and Saw Blades SIC' 3429--Hardware. Not Elsewhere Classified SIC' 3431--Enameled Iron ami Metal Sanitar> Ware SIC 3432--Plumbing Fixture Fittings and Trim (Brass GikkIs) SIC 3433--l leafing Equipment, Except Electric and Warm Air Furnaces SIC 344 I--Fabricated Structural Metal SIC' 3442 --Melal Doors. Sash. Frames. Molding, and Trim SIC 3443- -Fabricated Plate work (Boiler Shops) SIC 3444--Sheet Metal Work SIC 3446--Architectural and Ornamental Metal Work SIC' 3448-- Prefabricated Metal Buildings and Components SJC 3449--Miscellaneous Metal Work SIC,' 345 I--Screw Machine Products SIC' 3452--Bolts, Nuts. Screws. Rivets, and Washers SIC 3462--Iron and Steel Forgings SIC' 3463--Nonlerrnus Forgings SIC 3465--Automotive Stampings SIC' 3466--Crowns and Closures SIC 3469--Metal Stampings, Not Elsewhere Classified SIC 3482--Small Arms Ammunition SIC 3483--Ammunition. Except for Small Arms. Not Elsewhere Classified SIC 3484--Small Arms SIC 3489--Ordnance and Accessories, Not Else where Classified SIC' 3493--Steel Springs. Except Wire SIC' 3494 --Valves and Pipe Fillings, Except Plumbers' Brass Goods SIC,* 3495--Wire Springs SIC 3496 --Miscellaneous Fabricated Wire Products SIC' 3497--Metal Foil and D-uf SIC' 3498--Fabricated Pipe and Fabricated Pipe Fitting* SIC 3499--Fabricated Metal Products, Not Else where Classified SIC 3511--Steam. Gas, and Hydraulic Turbines and Turbine Generator Set Units SIC 3519--Internal Combustion Engines, Not Elsewhere ('lassified SIC' 3523--Farm Machinery and Equipment SIC 3524--Garden Tractors and Lawn and Garden Equipment SJC 353 l--Construction Machinery and Equipment SIC.' 3532--Mining Machinery and Equipment. Except Oil Field Machinery and Equipment SIC' 3533--Oil Field Machinery and Equipment SIC 3534 --Elevators and Moving Stairways SJC 3535--Conveyors and Conveying Equipment H 40,012 * 1976, Commerce Clearing House, Inc. LAM 016618 DPMC-13338 14) 7-15-76 Cited "2 PCG H.... " 40,111 SIC 3536--Hoists, Industrial Cranes, and Monorail Systems SIC 3537--Industrial Trucks, Tractors. Trailers, and Stackers SIC 3541--Machine Tools, Metal Cutting Types SIC 3542--Machine Tools, Metal Forming Types SIC 3544--Special Dies and Touls, Die Sets, Jigs and Fixtures and Industrial Molds SIC 3545--Machine Tool Accessories and Measur ing Devices SIC 354 -Power Driven Hand Tools SIC 3547 -- Rolling Mill Machinery and Equipnwnt SIC 3549--Metalworking Machinery, Not Else where Classified SIC 3551--Food Products Machinery SIC 3552--Textile Machinery SIC 3553--Woodworking Machinery SIC 3554--Paper Industries Machinery SIC 3555--Printing Trades Machinery and Equipment SIC 3559--Special Industry Machinery, Not Else where Classified SIC 3561--Pumps and Pumping Equipment SIC' 3562--Ball and Roller Bearings SIC 3563--Air and Gas Comprcwiors SIC 3564--Blowers and Exhaust and Ventilation Fans SIC 3565--Industrial Patterns SIC 3566--Speed Changers, Industrial High Speed Drives, and Gears SIC 3567--Industrial Process Furnaces and Ovens SIC 3568--Mechanical Power Transmission Equipment. Not Elsewhere Classified SIC 3569--General Industrial Machinery and Equipment, Not Elsewhere Classified SIC 3572--Typewriters SIC 3573--Electron ic Computing Equ ipment SIC 3574--Calculating and Accounting Machines, Except Electronic Computing Equipment SIC 3576--Scales and Balances. Except Laboratory SIC 3579--Office Machines, Not Elsewhere Classified SIC 3581--Automatic Merchandising Machines SIC 3582--Commercial Laundry, Dry Cleaning, and Pressing Machines SIC 3585--Air Conditioning and Warm Air Heating Equipment and Commercial and industrial Refrigeration Equipment SIC 3586--Measuring and Dispensing Pumps SIC 3589--Service Industry Machines. Not Else where Classified SIC 3592--Carlxjretors, Piston, Piston Rings, and Valves SIC 3599--Machinery. Except Electrical. Not Elsewhere Classified SIC 3612--Power, Distribution, and Specialty Transformers SIC 3613 --Switchgear and Switchboard Apparatus SIC 3621--Motors and Generators SIC 3622--Industrial Controls SIC 3623--Welding Apparatus, Electric SIC 3624--Carbon and Graphite Products SIC 3629--Electrical Industrial Apparatus, Not Elsewhere Classified SIC 3631--Household Cooking Equipment SIC 3632--Household Refrigerators and Home and Farm Freezers SIC 3633--Household Laundry Equipment SIC 3634--Electric Housewares and Fans SIC 3635--Household Vacuum Cleaners SIC 3639--Household Appliances, Not Elsewhere Classified SIC 364 I--Electric Lamps SIC 3643--Current-Carrying Wiring Devices SIC 3644--Noncurrpnt-Carrying Wiring Devices SIC 3645--Residential Electric Lighting Fixtures SIC 3646--Commercial, Industrial, and Institu tional Electric Lighting Fixtures SIC 3647--Vehicular Lighting Equipment SIC 3648--Lighting Equipment, Not Elsewhere Classified SIC 3651-- Radio and Television Receiving Sets, Except Communication Types SIC 3652--Phonograph Records and Pre-recorded Magnetic Tape SIC 3661 --Telephone and Telegraph Apparatus SJC 3662--Radio and Television Transmitting. Signaling, and Detection Equipment and Apparatus SIC 3671--Radio and Television Receiving Type Electron Tubes, Except Cathode Ray SIC 3672--Cathode Ray Television Picture Tubes SIC 3673--Transmitting. Industrial, and Special Purpose Electron Tubes SIC 3674--Semiconductors and Related Devices SIC 3675--Electronic Capacitors SIC 3676--Resistors, for Electronic Applications SIC 3677--Electronic Coils. Transformers and Other Inductors SIC 36'78--Connectors, for Electronic Applications SIC 3679--Electronic Components, Not Elsewhere Classified SIC 3691--Storage Batteries Pollution Control Guide 1140,012 LAM 016619 DPMC-13339 40,112 Federal Cases 141 7 157H SIC 3692--Primary Batteries, Dry and Wet SIC 3693--Radiographic X-ray, Fluoroscopic X ray, Therapeutic X-ray, and Other X-ray Apparatus and Tubes; Electromedical and Electrotherapeutic Apparatus SIC 3694 -- Electrical Equipment for Internal Combustion Engines SIC 3699--Electrical Machinery. Equipment, and Supplies. Not Elsewhere Classified SIC 3711--Motor Vehicles and Passenger Car Bodies SIC 3713--Truck and Bus Bodies SIC 3714--Motor Vehicle Parts and Accessories SIC 3715--Truck Trailers SIC 3721--Aircraft SIC 3224--Aircraft Engines and Engine Parts SIC' 372H--Aircraft Paris and Auxiliary Equip rnent. Not Elsewhere Classified SIC 3731 --Ship Building and Repairing SIC 3732--Boat Building and Repairing SIC 3743--Railroad Equipment SIC* 3751--Motorcycles. Bicycles, and Parts SIC' 3761 --Cluided Missiles and Space Vehicles SIC 3764--Guided Missile and Space Vehicle Propulsion Units and Propulsion Unit Parts SIC 3769--Guided Missile and Space Vehicle Parts and Auxiliary Equipment. Not Elsewhere Classified SIC' 3792--Travel Trailersand Camjx*rs SIC 3795--Tanks and Tank Components SIC 3799--Transportation Equipment. Not Else where Classified SIC 3811--Engineering. Laboratory, Scientific, and Research Instruments and Associated Equipment SIC 3tl22--Automatic Controls for Regulating Residential and Commercial Environments and Appl ranees SIC 3823 --Industrial Instruments for Measurement. Display and Control of Process Variables; and Related Products SIC 3824--Totalizing Fluid Meters and Counting Devic**s SIC 3825--Instruments for Measuring and Testing of Electricity and Electrical Signals SIC' 3829--Measuring and Controlling Devices. Not Elsewhere Classified SIC 3832--Optica! Instruments and I>enses SIC 3841--Surgical and Medical Instruments and Apparatus SIC 3842--Orthopedic. Prosthetic, and Surgical Appliances and Supplies SIC' 3843--Dental Equipment and Supplies SIC 3851 --OphthalmicGoods SIC 3873--Watches, Clocks, Clockwork Operated Devices and Parts SIC 391 1--Jewelry, Precious Metal SIC 3914--Silverware. PlaLed Ware, and Stainless Steel Ware SIC 3915---Jewelers' Findings and Materials, and Lapidary Work SIC 3931 --Musical Instruments SIC 394 2-Dolls SIC 3944--Games. Toys, and Children's Vehicles; Except Dolls and Bicycles SIC 3949--Sport ing and Athletic Goods, Not Else where Classified SIC 3951 --Pens. Mechanical Pencils, and Parts (Balance) SIC 3961--Costume Jewelry and Costume Novelties. Except Precious Metal SIC 3991--Brooms and Brushes SIC 3993--Signs and Advertising Displays SIC'3995--Burial Caskets 19. Electroplating SIC 347--Coaling. Engraving, and Allied Services 20. Ore Mining anil Dressing SIC 1011 --Iron ()res SIC 1021--Copper Ores SIC 103 I --Lead and Zinc Ores SIC 1041--Gold Ores SIC 1044--Silver Ores SIC 1051--Bauxite and Other Aluminum Ores SIC 1061 --Ferroalloy Ores. Except Vanadium SIC 1092--Mercury Ores SIC 1094 --U ran iurn-Radium-Vanadium Ores SIC 1099--Metal Ores. Not Elsewhere Classified 2 I. ('on l Mining SIC II11 --Anthracite SIC' 111 2--Anthracite Mining Services SIC 1211--Bituminous ('oal and Lignite SIC 1213--Bituminous Coal and Lignite Mining Services -- Footnote -- /Vs used throughout this Apjicndix A the term "cnnqiound.s shall include organic and inorganic compounds. 140,012 c 1976. Commerce Clearing House, Inc. LAM 016607 f T ? <5 DPMC 13327.1