Document yr4BgqoxK7GYdyv1L8o9rbEp4

PLAINTIFF'S EXHIBIT Part 61 THU 40--Protaction of Environment Code Suhpoct 0--NolMMi Etoissioa Standard for RoryMuai Rodent Motor Firing Title 40 See. 61.40 Applicability. of Federal Regulations}};^ Definition*. Emission standard. Parts 40 to 80 61.43 Emission testing--rocket firing or propellant disposal. Revised as of 61.44 Stack sampling. July 1, 1979 Subpat* E--National Emission Standard for Morcury PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 61.50 Applicability. 61.51 Definitions. 61.52 Emission standard. 61.53 Stack sampling. 61.54 Sludge sampling. 61.55 Emission monitoring. Subpart f--National Emission Standard for Vinyl Chloride Subpart A--Oonaral Provisions 61.60 Applicability. Sec. 61.01 Applicability. 61.61 Definitions. 61.62 Emission standard for ethylene dlchloride plants. 61.02 Definitions. 61.63 Emission standard for vinyl chloride 61.03 Units and abbreviations. 61.04 Address. plants. 61.64 Emission standard for polyvinyl chlo 61.05 Prohibited activities. ride plants. 61.06 Determination of construction or 61.65 Emission standard for ethylene dl- modification. chloride, vinyl chloride and polyvinyl ! K 61.07 Application for approval of construe- chloride plants. tion or modification. 61.66 Equivalent equipment and proce 61.08 Approval by Administrator. dures. 61.09 Notification of startup. 61.67 Emission tests. 61.10 Source reporting and waiver request. 61.68 Emission monitoring. 61.11 Waiver of compliance. 61.69 Initial report. 61.12 Emission tests and monitoring. 61.70 Semiannual report. 61.13 Waiver of emission tests. 61.71 Recordkeeping. 61.14 Source test and analytical methods. 61.15 Availability of information. Appendix A--National Emission Standards 61.16 State authority. for Hazardous Air Pollutants. Compli 61.17 Circumvention. ance Status Information. Appendix B--Test Methods. Subport S--National Emission Standard for Asbestos Method 101--Reference method for deter mination of particulate and gaseous mercury emissions from stationary 61.20 Applicability. sources (air streams). Method 102--Reference method for deter 61.21 Definitions. mination of particulate and gaseous 61.22 Emission standard. mercury emissions from stationary 61.23 Air-cleaning. sources (hydrogen streams). 61.24 Reporting. Method 103--Beryllium screening method. 61.25 Waste disposal sites. Method 104--Reference method for deter mination of beryllium emissions from stationary sources. Subpart C--National Emission Standard for Method 105--Method for determination of fterylliiHn mercury in wastewater treatment plant 61.30 Applicability. 61.31 Definitions. sewage sludges. Method 106--Determination of vinyl chlo ride from stationary sources. 81.32 Emission standard. Method 107--Determination of vinyl chlo 61.33 Stack sampling. ride of inprocess wastewater samples, 61.34 Air sampling. and vinyl chloride content of polyvinyl 284 A08 12b *415430 Chapter I--Environmental Protection Agency 61.02 chloride resin, slurry, wet cake, and an air pollutant which has been dem latex samples. onstrated to the Administrator's satis Authority: Sec. 112. 301(a). Clean Air Act faction to have a consistent and quan as amended (42 U.S.C. 7412, 7601(a)). unip titatively known relationship to the otherwise noted. reference method, under specified con Source 38 FR 8826..Apr. 6. 1973. unless ditions. otherwise noted. -- (i) "Existing source" means any sta Subpart A--General Provisions tionary source which is not a new source. 61.01 Applicability. (J) "Modification" means any physi cal change in, or change in the method The provisions of thia'part apply to the owner or operator of any station ary source for which a standard is pre scribed under this part. 61.02 Definitions. As used in this part, all terms not de fined herein shall have the meaning given them in the act: of operation of. a stationary source which increases the amount of any hazardous air pollutant emitted by such source or which results in the emission of any hazardous air pollut ant not previously emitted, except that: (1) Routine maintenance, repair, and replacement shall not be considered (a) "Act" means the Clean Air Act (42 U.S.C. 1857 et seq.). Cb) "Administrator" means the Ad ministrator of the Environmental Pro tection Agency or his authorized rep resentative. (c) "Alternative method" means any method of sampling and analyzing for an air pollutant which is not a refer ence method or an equivalent method but which has been demonstrated to the Administrator's satisfaction to produce, in specific cases, results ade quate for his determination of compli ance. (d) "Commenced" means that an owner or operator has undertaken a continuous program of construction or physical changes, and (2) The following shall not be con sidered a change in the method of op eration: (i) An increase in the production rate, if such increase does not exceed the operating design capacity of the stationary source; (ii) An Increase in hours of oper ation. (k) "New source" means any station ary source, the construction or modifi cation of which is commenced after the publication in the Federal Regis ter of proposed national emission standards for hazardous air pollutants which will be applicable to such modification or that an owner or oper ator has entered into a contractual ob ligation to undertake and complete, within a reasonable time, a continuous program of construction or modifica tion. source. (l) "Owner or operator" means any person who owns, leases, operates, con trols, or supervises a stationary source. (m) "Reference method" means any method of sampling and analyzing for (e) "Compliance schedule" means an air pollutant, as described in Ap the date or dates by which a source or pendix B to this part. category of sources Is required to (n) "Startup" means the setting in comply with the standards of this part operation of a stationary source for and with any steps toward such com pliance which are set forth In a waiver of compliance under 5 61.11. (f) "Construction" means fabrica tion. erection, or Installation of a sta tionary source. (g) "Effective date" is the date of promulgation in the Federal Register of an applicable standard or other reg ulation under this part. any purpose. (o) "Standard" means a national emission standard for a hazardous air pollutant proposed or promulgated under this part. (p) "Stationary source" means any building, structure, facility, or installa tion which emits or may emit any air pollutant which has been designated as hazardous by the Administrator. (h) . divalent method" means any [38 FR 8826, Apr. 6. 1973, as amended at 39 methoi f sampling and analyzing for FR 15398. May 3. 1974] 285 A08 126 X 415431 61.03 Titl* 40--Protection of Environment 61.03 Units and abbreviations. %-percent Used In this part are abbreviations std-standard and symbols of units of measure. (Sees. 112 and 301(a). Clean Air Act. as These are defined as follows: amended (42 U.S.C. 1857c-7. 1857g<a))) (a) System International (SI) units C42 FR 51574. Sept. 29. 1977] of measure: A=ampere g-gram __ 61.04 Address. (a) All requests, reports, applica Hz=hertz tions. submittals, and other communi J=Joule K=degree Kelvin leg-kilogram in-meter m cubic meter mg-milligram-10*' gram mm-millimeter- 10'J meter Mg-megagram-10 * gram cations to the Administrator pursuant to this part shall be submitted in du plicate and addressed to the appropri ate Regional Office of the Environ mental Protection Agency, to the at tention of the Director. Enforcement Division. The regional offices are as mol-mole follows: N newton ng-nanogram-10 *' gram nm - nanometer -- 10 '* meter Pa-pascal s-second V = volt W=watt n-ohm ig- microgram -10 * gram (b) Other units of measure: Region I (Connecticut, Maine. New Hamp shire. Massachusetts. Rhode Island. Ver mont). John F. Kennedy Federal Building. Boston. Massachusetts 02203. Region n (New York. New Jersey. Puerto Rico, Virgin Islands). Federal Office Build ing. 26 Federal Plaza (Foley Square). New York. N.Y. 10007. Region III (Delaware. District of Colum bia, Pennsylvania, Maryland. Virginia, West `C--degree Celsius (centigrade) cfra-cublc feet per minute cc-cubic centimeter d-day V `F=degree Fahrenheit ft'-square feet ft'= cubic feet gal--gallon In - Inch in Hg-inches of mercury in H>0--Inches of water i-liter lb-pound lpm-liter per minute min-minute ml-milllllter-10`3 liter Virginia). Curtis Building, Sixth and Walnut Streets. Philadelphia. Pennsylvania IS 106. Region IV (Alabama. Florida, Georgia, Mississippi. Kentucky. North Carolina, South Carolina. Tennessee). Suite 300, 1421 Peachtree Street. Atlanta. Georgia 30309. Region V (Illinois. Indiana. Minnesota, Michigan, Ohio, Wisconsin). 230 South Dearborn Street, Chicago, Illinois 60604. Region VI (Arkansas. Louisiana, New Mexico, Oklahoma. Texas). 1600 Patterson Street. Dallas, Texas 75201. Region VII (Iowa. Kansas. Missouri. Ne braska). 1735 Baltimore Street. Kansas City. Missouri 63108. Region VIII (Colorado. Montana. North oz=ounces pslg-pounds per square Inch gage Dakota. South Dakota, Utah. Wyoming). 196 Lincoln Towers. 1860 Lincoln Street. R=degree Rankine Denver, Colorado 80203. pi -microliter--10'* liter Region IK (Arizona. California. Hawaii. v/v-volume per volume Nevada. Guam. American Samoa). 100 Cali yd'= square yards fornia Street, San Francisco. California it-year 94111. (c) Chemical nomenclature: Region X (Washington. Oregon. Idaho. Alaska). 1200 Sixth Avenue. Seattle. Wash Be=beryllium ington 98101. Hg-mercury H.O- water (b) Section 112(d) directs the Admin istrator to delegate to each State, (d) Miscellaneous: when appropriate, the authority to im act-actual avg- average I.D.=inside diameter M=molar N-normal 0.0.=outside diameter plement and enforce the national emission standards for hazardous air pollutants for stationary sources locat ed In such State. All information re quired to be submitted to EPA under paragraph (a) of this section, must 408 127 286 X 415432 Chapter I--Environmental Protection Agency 61.04 also be submitted to the appropriate South Coast Air Quality Management Dis State Agency of any State to which trict. 9420 Telstar Avenue. El Monte. Calif. this authority has been, delegated 91731. (provided, that each specific delega tion may exempt sources from a cer tain federal or State reporting require ment). The appropriate mailing ad dress for those' States whose delega Stanislaus County Air Pollution Control District. 820 Scenic Drive, Modesto. Calif. 95350. Trinity County Air Pollution Control Dis trict, Box AJ, Weaverville. Calif. 96093. Ventura County Air Pollution Control tion request has been approved is as District. 625 East Santa Clara Street, Ven follows: tura. Calif. 93001. (A) [Reserved] (G) State of Colorado. Colorado Air Pollu tion Control Division. 4210 East 11th (B) State of Alabama,-Air Pollution Con Avenue. Denver. Colorado 80220. trol Division. Air Pollution Control Commis (H) State of Connecticut, Department of sion. 845 S. McDonough Street. Montgom Environmental Protection, State Office ery. Alabama 36104. (C) [Reserved] Building. Hartford. Connecticut 06115. (I) State of Delaware (for asbestos, beryl (D) Arizona. lium and mercury only): Delaware Depart Maricopa County Department of Health ment of Natural Resources and Environ Services. Bureau of Air Pollution Control, mental Control. Edward Tatnall Building, 1825 East Roosevelt Street. Phoenix. Ariz. Dover. Delaware 19901. 85008. (JMK) [Reserved! Pima County Health Department. Air (L) State of Georgia, Environmental Pro Quality Control District, 151 West Congress, tection Division, Department of Natural Re Tucson. Ariz. 85701. sources. 270 Washington Street. S.W., At (E) [Reserved] lanta, Georgia 30334. (F) California. (MWO) [Reserved] Bay Area Air Pollution Control District. (P) State of Indiana. Indiana Air Pollution 939 Ellis Street. San Francisco, Calif. 94109. Control Board, 1330 West Michigan Street. Dei Norte County Air Pollution Control Indianapolis, Indiana 46206. District, Courthouse. Crescent City, Calif. (QWR) [Reserved] 95531. (S) Division of Air Pollution Control, De Fresno County Air Pollution Control Dis partment for Natural Resources and Envi trict, 515 South Cedar Avenue. Fresno, ronmental Protection. UjS. 127, Frankfort, Calif. 93702 Ky. 40601. Humboldt County Air Pollution Control (T) [Reserved] District, 5600 South Broadway. Eureka. (U) State of Maine. Department of Envi Calif. 95501. ronmental Protection. State House. Augus Kern County Air Pollution Control Dis ta, Maine 04330. trict, 1700 Flower Street (P.O. Box 997). Ba (V) [Reserved] kersfield, Calif. 93302. (W) Massachusetts Department of Envi Madera County Air Pollution Control Dis ronmental Quality Engineering. Division of trict. 135 West Yosemite Avenue. Madera, Air Quality Control. 600 Washington Street, Calif. 93637. Boston. Massachusetts 02111. Mendocino County Air Pollution Control (X) State of Michigan, Air Pollution Con District. County Courthouse. Ukiah. Calif. trol Division. Michigan Department of Nat 94582. ural Resources, Stevens T. Mason Building. Monterey Bay Unified Air Pollution Con 8th Floor. Lansing, Michigan 48926. trol District, 420 Church Street (P.O. Box (Y) Minnesota Pollution Control Agency. 487). Salinas, Calif. 93901. Division of Air Quality. 1935 West County Northern Sonoma County Air Pollution Road B-2, Roseville. Minn. 55113. Control District. 3313 Chanate Road. Santa <Z) (Reserved) Rosa. Calif. 99404. Sacramento County Air Pollution Control (AA) [Reserved] <BB) State of Montana, Department of District. 3701 Branch Center Road. Sacra Health and Environmental Sciences. Cogs mento, Calif. 95827. well Building. Helena. Mont. 59601. San Diego County Air Pollution Control (CC) [Reserved] District, 9150 Chesapeake Drive. San Diego. (DD) Nevada. Calif. 92123. Clark County. County District Health De San Joaquin County Air Pollution Control partment, Air Pollution Control Division. District. 1601 East Hazelton Street (P.O. 625 Shadow Lane, Las Vegas, Nev. 89106. Box 2009). Stockton. Calif. 95201. Washoe County District Health Depart Santa Barbara County Air Pollution Con ment. Division of Environmental Protection. trol District. 4440 Calle Real. Santa Bar 10 Kirman Avenue. Reno, Nev. 89502. bara. Calif. 93110. (EE) New Hampshire Air Pollution Con- Shasta County Air Pollution Control Dis trol Agency. Department of Health and trict. 1855 Placer Street, Redding, Calif. Welfare. State Laboratory Building, Hazen 98001. Drive. Concord, New Hampshire 03301. 287 A 0 8 128 X 415433 i i Ia- I 1 ! i i i Chapter l--environmental Protection Agency 61.04 also be submitted to the appropriate South Coast Air Quality Management Dis State Agency of any State to which trict. 9420 Telstar Avenue. 2 Monte. Calif. this authority has been delegated (provided, that each specific delega tion may exempt sources from a cer tain federal or State reporting require ment). The appropriate mailing ad dress for those" States whose delega 91731. Stanislaus County Air Pollution Control District, 820 Scenic Drive. Modesto. Calif. 95350. Trinity County Air Pollution Control Dis trict. Box AJ. Weaverville. Calif. 98093. Ventura County Air Pollution Control tion request has been approved is as District, 825 East Santo Clara Street, Ven follows: tura. Calif. 93001. (G) State of Colorado. Colorado Air Pollu (A) [Reserved] tion Control Division. 4210 East 11th (B) State of Alabama,-Ah' pollution Con Avenue. Denver, Colorado 80220. trol Division. Air Pollutfon Control Commis (H) State of Connecticut. Department of sion. 845 S. McDonough Street. Montgom ery. Alabama 38104. (C) [Reserved] (D) Arizona. Environmental Protection. State Office Building. Hartford. Connecticut 08115. (I) State of Delaware (for asbestos, beryl lium and mercury only): Delaware Depart Maricopa County Department of Health ment of Natural Resources and Environ Services, Bureau of Air Pollution Control, mental Control. Edward T&tnall Building. 1S25 Bast Roosevelt Street, Phoenix. Ariz. Dover. Delaware 19901. 85008. (JKK) [Reserved] Pima County Health Department, Air (L) State of Georgia. Environmental Pro Quality Control District, 151 West Congress, tection Division, Department of Natural Re Tucson. Ariz. 85701. sources. 270 Washington Street. S.W., At (E) [Reserved] lanta, Georgia 30334. (P) California. (MMO) [Reserved] Bay Area Air Pollution Control District. (P) State of Indiana. Indiana Air Pollution 939 Ellis Street, San Francisco, Calif. 94109. Control Board, 1330 West Michigan Street, Del Norte County Air Pollution Control Indianapolis, Indiana 46206. District, Courthouse. Crescent City, Calif. (QWR) [Reserved] 95531. (S) Division of Air Pollution Control, De Fresno County Air Pollution Control Dis partment for Natural Resources and Envi trict, 515 South Cedar Avenue, Fresno, ronmental Protection. U.S. 127, Frankfort, Calif. 93702 Ky. 40801. Humboldt County Air Pollution Control (T) (Reserved] District, 5800 South Broadway, Eureka. <U) State of Maine. Department of Envi Calif. 95501. ronmental Protection. State House. Augus Kern County Air Pollution Control Dis ta. Maine 04330. trict, 1700 Flower Street (P.O. Box 997), Ba (V) [Reserved] kersfield. Calif. 93302. (W) Massachusetts Department of Envi Madera County Air Pollution Control Dis ronmental Quality Engineering, Division of trict 135 West Yosemite Avenue. Madera, Air Quality Control. 800 Washington Street, Calif. 93637. Boston. Massachusetts 02111. Mendocino County Air Pollution Control (X) State of Michigan. Air Pollution Con District. County Courthouse. Ukiah. Calif. trol Division. Michigan Department of Nat 94582. ural Resources. Stevens T. Mason Building. Monterey Bay Unified Air Pollution Con 8th Floor. Lansing. Michigan 48928. trol District, 420 Church Street <P.O. Box (7) Minnesota Pollution Control Agency, 487). Salinas, Calif. 93901. Division of Air Quality, 1935 West County Northern Sonoma County Air Pollution Road B-2, Roseville. Minn. 55113. Control District. 3313 Chanate Road, Santa (2) [Reserved] Rosa. Calif. 95404. (AA) [Reserved] Sacramento County Air Pollution Control (BB) State of Montana, Department of District, 3701 Branch Center Road, Sacra Health and Environmental Sciences. Cogs mento, Calif. 95327. well Building, Helena, Mont. 59601. San Diego County Air Pollution Control (CC) (Reserved] District, 9150 Chesapeake Drive. San Diego. (DD) Nevada. Calif. 92123. Clark County, County District Health De San Joaquin County Air Pollution Control partment. Air Pollution Control Division. District, 1801 East Hazelton Street (P.O. 625 Shadow Lane. Las Vegas. Nev. 89106. Box 2009). Stockton. Calif. 95201. Washoe County District Health Depart Santa Barbara County Air Pollution Con ment, Division of Environmental Protection. trol District. 4440 Calle Real. Santo Bar 10 Kirman Avenue. Reno. Nev. 89502. bara. Calif. 93110. (EE) New Hampshire Air Pollution Con Shasta County Air Pollution Control Dis trol Agency, Department of Health and trict, 1855 Placer Street. Redding, Calif. Welfare. State Laboratory Building, Hazen 98001. Drive. Concord, New Hampshire 03301. 287 4 08 128 X4I5433 61.05 Title 40--Protection of Environment <FF) State of New Jersey: New Jersey De partment of Environmental Protection. John Fitch Plaza, P.O. Box 2807, Trenton. New Jersey 08625. (GG) [Reserved] (HH) New York: New' York State Depart ment of Environmental Conservation, 50 Wolf Road, Albany. New York 12233, atten tion: Division of Air Resources. (II) North Carolina Environmental Man agement Commission. Department of Natu ral and Economic Resources. Division of En vironmental Management. P.O. Box 27687, Raleigh. North Carolina 27811. Attention: Air Quality Section. (JJ) State of North Dakota, State Depart ment of Health, State Capitol. Bismarck, North Dakota 58501. (KKMLL) [Reserved] (MM) State of Oregon. Department of En vironmental Quality, 1234 SW Morrison Street, Portland, Oregon 97205. (NNXa) Commonwealth of Pennsylvania (except for City of Philadelphia and Alle gheny County) Pennsylvania Department of Environmental Resources, Bureau of Air Quality and Noise Control, Post Office Box 2063, Harrisburg, Pennsylvania 17120. (b) City of Philadelphia. Philadelphia De partment of Public Health Air Management Services. 801 Arch Street. Philadelphia. Pennsylvania 19107. (OO) State of Rhode Island, Department of Environmental Management. 83 Park Street, Providence. RJ. 02908.____ (PP) State of South Carolina, Office of Environmental Quality Control. Depart ment of Health and Environmental Control. 2600 Bull Street. Columbia, South Carolina 29201. (QQMRR) [Reserved] (SS) State of Texas, Texas Air Control Board, 8520 Shoal Creek Boulevard, Austin. Texas 78758. (TT) [Reserved] (UU) State of Vermont. Agency of Envi ronmental Protection, Box 489, Montpelier, Vermont 05602. (W) Commonwealth of Virginia, Virginia State Air Pollution Control Board. Room 1106. Ninth Street Office Building. Rich mond, Virginia 23219. (WWX1) Washington; State of Washing ton. Department of Ecology. Olympia, Washington 98504. (U) Northwest Air Pollution Authority, 207 Pioneer Building, Second and Pine Streets, Mount Vernon, Washington 98273. (III) Puget Sound Air Pollution Control Agency. 410 West Harrison Street. Seattle. Washington 98119. (iv) Spokane County Air Pollution Control Authority, North 811 Jefferson. Spokane. Washington 99201. (v> Yakima County Clean Air Authority. County Courthouse, Yakima, Washington 98901. (vl) Olympic Air Pollution Control Au thority. 120 East State Avenue, Olympia. Washington 98501. (vli) Southwest Air Pollution Control Au thority. Suite 7601 H. NE Hazel Dell Avenue. Vancouver, Washington 98665. (XX) [Reserved] (YY) Wisconsin--Wisconsin Department of Natural Resources, P.O. Box 7921. Madi son, Wisconsin 53707. (ZZ) [Reserved] (AAA) [Reserved] (BBB) Commonwealth of Puerto Rico: Commonwealth of Puerto Rico Environ mental Quality Board, P.O. Box 11785, Santurce. PR. 00910. (CCC) US. Virgin Islands: US. Virgin Is lands Department of Conservation and Cul tural Affairs, P.O. Box 578. Charlotte Amalie, St. Thomas, US. Virgin Islands 00801. (Secs. 101, 110, 111, 114, 180-169, 301 of the Clean Air Act. as amended. (42 U.S.C. 7401, 7410, 7411, 7414. 7470-7479. 7491, 7601)) Nqtk For amendments to i 61.04 see the List of CFR Sections Affected appearing in the Finding Aids section of this volume. 61.05 Prohibited activities. (a) After the effective date of any standard prescribed under this part, no owner or operator shall construct or modify any stationary source sub ject to such standard without first ob taining written approval of the Admin istrator In accordance with this sub part, except under an exemption granted by the President under sec tion 112(cX2) of the act. Sources, the construction or modification of which commenced after the publication date of the standards proposed to be appli cable to such source, are subject to this prohibition. (b) After the effective date of any standard prescribed under this part, no owner or operator shall operate any new source in violation of such standard except under an exemption granted by the President under sec tion 112(c)(2) of the act. (c) Ninety days after the effective date of any standard prescribed under this part, no owner or operator shall operate any existing stationary source in violation of such standard, except under a waiver granted by the Admin istrator in accordance with this sub part or under an exemption granted by the President under section 112(c)(2) of the act. 288 t'5434 A08 129 Chapter !--Environmental Protaction Agency 61.09 (d) No owner or operator subject to the provisions of this part shall fall to report, revise reports, or report source test results as required under this part. 9 61.06 Determination of construction or modification!" Upon written application by an owner or operator, the Administrator will make a determination of whether actions taken or intended to be taken by such owner or operator constitute construction or modification or the commencement thereof within the meaning of this part. The Administra tor will within 30 days of receipt of sufficient information to evaluate an application, notify the owner or opera tor of his determination. S 61.07 Application for approval of con struction or modification. (a) The owner or operator of any new source to which a standard pre scribed tinder this part is applicable shall, prior to the date on which con struction or modification is planned to commence, or within 30 days after the effective date In the case of a new source that already has commenced construction or modification and has not begun operation, submit to the Administrator an application for ap proval of such construction or modifi cation. A separate application shall be submitted for each stationary source. (b) Each application shall Include: (1) The name and address of the ap plicant. (2) The location or proposed location of the source. (3) Technical Information describing the proposed nature, size, design, oper ating design capacity, and method of operation of the source, including a description of any equipment to be used for control of emissions. Such technical information shall Include calculations of emission estimates in sufficient detail to permit assessment of the validity of such calculations. 61.08 Approval by Administrator. (a) The Administrator will, within 60 days of receipt of sufficient informa tion to evaluate an application under $ 61.07, notify the owner or operator of approval or intention to deny approval of construction or modification. (b) If the Administrator determines that a stationary source for which an application pursuant to 9 61.07 was submitted will, if properly operated, not cause emissions in violation of a standard, he will approve the con struction or modification of such source. (c) Prior to denying any application for approval of construction or modifi cation pursuant to this section, the Administrator will notify the owner or operator making such application of the Administrator's intention to issue such denial, together with: <1) Notice of the information and findings on which such intended denial is based, and (2) Notice of opportunity for such owner or operator to present, within such time limit as the Administrator shall specify, additional information or arguments to the Administrator prior to final action on such applica tion. <d) A final determination to deny any application for approval will be in writing and will set forth the specific grounds on which such denial is based. Such final determination will be made within 60 days of presentation of addi tional information or arguments, or 60 days after the final date specified for presentation, if no presentation is made. (e) Neither the submission of an ap plication for approval nor the Admin istrator's granting of approval to con struct or modify shall: (1) Relieve an owner or operator of legal responsibility for compliance with any applicable provision of this part or of any other applicable Feder al. State, or local requirement, or (2) Prevent the Administrator from implementing or enforcing this part or taking any other action under the act. 9 61.09 Notification of startup. (a) Any owner or operator of a source which has an initial startup after the effective date of a standard prescribed under this part shall fur nish the Administrator written notifi cation as follows: (1)A notification of the anticipated date of initial startup of the source not more than 60 days nor less than 30 days prior to such date. 289 X 415435 A08 130 \ ) 61.10 Tttl 40--Proteciion of Environment (2) A notification of the actual date (1)A description of the controls to of initial startup of the source within be installed to comply with the stand 15 days after such date. ard. (Sec. 114. Clean Air Act as amended (43 UAC. 7414)) [38 FR 8836, Apr. 8,1973. as amended at 43 FR 8800. Mar. 3. 19781 (2) A compliance schedule. Including the date each step toward compliance will be reached. Such list shall Include as a minimum the following dates: (i) Date by which contracts for emis 81.10 Source reporting' and waiver re quest. () The owner or operator of any ex isting source, or any'new source to which a standard prescribed under this part is applicable which had an initial startup which preceded the ef fective date of a standard prescribed under this part shall.. within 90 days after the effective date, provide the following information in writing to the Administrator (1) Name and address of the owner or operator. (2) The location of the source. (3) The type of hazardous pollutants emitted by the stationary source. (4) A brief description of the nature, size, design, and method of operation of the stationary source including the operating design capacity of such source. Identify each point of emission for each hazardous pollutant. (5) The average weight per month of the hazardous materials being proc essed by the source, over the last 12 months preceding the date of the report. () A description of the existing con trol equipment for each emission point. (I) Primary control devlce<s) for each hazardous pollutant. (II) Secondary control device(s) for each hazardous pollutant. sion control systems or process modifi cations will be awarded, or date by which orders will be Issued for the purchase of component parts to ac complish emission control or process modification: (11) Date of initiation of onsite con struction or installation of emission control equipment or process change; (ill) Date by which onsite construc tion or installation of emission control equipment or process modification is to be completed; and (lv) Date by which final compliance is to be achieved. (3) A description of interim emission control steps which will be taken during the waiver period. (c) Changes in the information pro vided under paragraph (a) of this section shall be provided to the Adminis trator within 30 days after such change, except that if changes will result from modification of the source, as defined in |61.02(j). the provisions of 61.07 and 61.08 are applicable. (d) The format for reporting under this section is included as Appendix A of this part. Advice on reporting the status of compliance may be obtained from the Administrator. (Sec. 114. Clean Air Act as amended (42 (J.S.C. 7414)) [38 FR 8836, Apr. 6. 1973. as amended at 43 FR 8800, Mar. 3.19781 i *- (ill) Estimated control efficiency (percent) for each control device. 61.11 Waiver of compliance. (7) A statement by the owner or op (a) Based on the information pro erator of the source as to whether he vided in any request under 61.10, or can comply with the standards pre other information, the Administrator scribed in this part within 90 days of may grant a waiver of compliance with the effective date. a standard for a period not exceeding (b)The owner or operator of an ex 2 years from the effective date of such isting source unable to operate in com standard. pliance with any standard prescribed (b) Such waiver will be in writing under this part may request a waiver and will: of compliance with such standard for (1) Identify the stationary source a period not exceeding 2 years from covered. the effective date. Any request shall (2) Specify the termination date of be in writing and shall include the fol the waiver. The waiver may be termi lowing information: nated at an earlier date if the condi- 290 X 415436 a08 7 3 7 1 THI* 40--Protection of Environment 41.12 Emission tests and monitoring. (a) Emission tests and monitoring shall be conducted and reported as set forth in this part and Appendix B to this part. (b) The owner or operator of a new source subject to this part, and at the request of the Administrator, the owner or operator of an existing source subject to this part, shall pro vide or cause to be provided, emission testing facilities as follows: (1) Sampling ports adequate for test methods applicable to such source. (2) Safe sampling platform(s). tions specified under paragraph (b)(3) of this section are not met. (3) Specify dates by which steps toward compliance are to be taken; (3) Safe access to sampling platform(s). (4) Utilities for sampling and testing equipment. and impose such additional conditions (Sec. 114. Clean Air Act as amended (42 as the Administrator determines to be U.S.C. 7414)) necessary to assure installation of the necessary controls within the waiver period, and to assure protection of the health of persons during the waiver period. (c) Prior to denying any request for a waiver pursuant to this section, the Administrator will notify the owner or operator making such request of the Administrator's intention to issue such denial, together with: $ 61.13 Waiver of emission tests. (a) Emission tests may be waived upon written application to the Ad ministrator if. in his judgment, the source is meeting the standard, or If the source is operating under a waiver of compliance or has requested a waiver of compliance. (b) If application for waiver of the emission test is made, such application shall accompany the information re (1) Notice of the information and quired by 61.10. The appropriate findings on which such intended form is contained In Appendix A to denial is based, and this part. (2) Notice of opportunity for such (c) Approval of any waiver granted owner or operator to present, within pursuant to this section shall not abro such time limit as the Administrator specifies, additional information or ar guments to the Administrator prior to final action on such request. (d) A final determination to deny any request for a waiver will be in gate the Administrator's authority under the act or in any way prohibit the Administrator from later canceling such waiver. Such cancellation will be made only after notice is given to the owner or operator of the source. writing and will set forth the specific (Sec. 114, Clean Air Act as amended (42 grounds on which such denial is based. U.S.C. 7414)) Such final determination will be made within 60 days after presentation of additional Information or arguments, 61.14 Source test and analytical meth ods. or 60 days after the final date speci (a) Methods 101, 102, and 104 In Ap fied for such presentation, if no pres pendix B to this part shall be used for entation is made. (e) The granting of a waiver under this section shall not abrogate the Ad ministrator's authority under section 114 of the act. all source tests required under this part, unless an equivalent method or an alternative method has been ap proved by the Administrator. (b) Method 103 in Appendix B to this part is hereby approved by the 408 132 291 X 415437 i Chapter 1 Environawrtal Protection Agency Administrator as an alternative method for sources subject to 5 61.32(a) and 9 81.42(b). (c) The Administrator may, after notice to the owner or operator, with draw approval of an alternative method granted under paragraphs (a), (b) or Cd) of this-section. Where the teat results using an alternative method do not adequately Indicate whether a source is in compliance with a standard, the Administrator may re quire the use of the reference method or Its equivalent. (d) Method 105 in Appendix B to this part is hereby approved by the Administrator as . an alternative method for sources subject to } 61.52(b). (Sec. 114. Clean Air Act as amended (42 U5.C. 7414)) C38 FR 8826. Apr. 8. 1S73. as amended at 40 FR 48299, Oct. 14.19781 S 41.17 Circumvention. No owner or operator subject to the provisions of this part shall build, erect. Install, or use any article ma chine, equipment, process, or method, the use of which conceals an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to. the use of gaseous dilutants to achieve compliance with a visible emissions standard, and the piecemeal carrying out of an operation to avoid coverage by a standard that applies only to operations larger than a speci fied size. [40 FR 48299. Oct. 14. 1978) 5 41.15 Availability of information. The availability to the public of In formation provided to, or otherwise obtained by. the Administrator under f this part shall be governed by Part 2 v of this chapter. (Sec. 114, Clean Air Act as amended (42 OAC. 7414)) [41 FR 36918. Sept. 1. 1976) $ 41.18 State authority. (a) The provisions of this part shall not be construed in any manner to preclude any State or political subdivi sion thereof from: (1) Adopting and enforcing any emis sion limiting regulation applicable to a stationary source, provided that such emission limiting regulation is not less stringent than the standards pre scribed under this part. (2) Requiring the owner or operator of a stationary source, other than a stationary source owned or operated by the United States, to obtain per mits, licenses, or approvals prior to ini tiating construction, modification, or operation of such source. (Sec. 118. Clean Air Act as amended (42 UAC. 7418)) 292 408 133 X4I5438 5 61.15 Tltl# 40--Protection of Environment ID Code Title 40 of Federal Regulations Parts 60 to 80 Revised as of July 1, 1979 Subport B--National Emission Standard for Asbestos 61.20 Applicability. The provisions of this subpart are applicable to those sources specified in a 1.22. V O ' 61.21 Definitions. Terms used in this subpart are de fined in the act, in Subpart A of this part, or in this section as follows: (a) "Asbestos" means actinolite, amosite, anthophyllite, chrysotile, crocidolite, tremollte. (b) "Asbestos material" means asbes tos or any material containing asbes tos. (c) "Particulate asbestos material" means finely divided particles of asbes tos material. (d) "Asbestos tailings" means any solid waste product of asbestos mining or milling operations which contains asbestos. (e) "Outside air" means the air out side buildings and structures. (f) "Visible emissions" means any emissions which are visually detect able without the aid of instruments and which contain particulate asbestos material. (g) "Asbestos mill" means any facili ty engaged in the conversion of any in termediate step in the conversion of asbestos or into commercial asbestos. Outside storage of asbestos materials is not considered a part of such facili ty. (h) "Commercial asbestos" means any variety of asbestos which is pro duced by extracting asbestos from as- bestos ore. (i) "Manufacturing" means the com- bining of commercial asbestos, or in the case of woven friction products the combining of textiles containing commercial asbestos, with any other material(s), including commercial asbestoa, and the processing of this com bination into a product as specified in $ 61.22(c). (j) "Demolition" means the wrecking or taking out of any load-supporting 292 X 415439 Chapter I--Environmental Protection Agency 61.22 structural member and any related re (t) "Inactive waste disposal site" moving or stripping of friable asbestos means any disposal site or portion materials. thereof where additional asbestos-con (k) `.`Friable asbestos material" taining waste material will not be de means rany material that contains posited and where the surface is not more than 1 percent asbestos by disturbed by vehicular traffic. weight and thatcan be crumbled, pul (u) "Active waste disposal site" verized. or reduced to powder, when means any disposal site other than an dry. by hand pressure. inactive site. (l) "Control device asbestos waste" (v) "Roadways" means surfaces on means any asbestos-containing waste which motor vehicles travel including, material that is collected In a pollu but not limited to, highways, roads, tion control device. streets, parking areas, and driveways. (m) "Renovation" means the remov (w) "Asbestos-containing waste ma ing or stripping of friable asbestos ma terial" means any waste which con terial used on any pipe, duct, boiler, tains commercial asbestos and is gen tank, reactor, turbine, furnace, or erated by a source subject to the provi structural member. Operations in sions of this subpart, including asbes which load-supporting structural tos mill tailings, control device asbes members are wrecked or taken out are tos waste, friable asbestos waste mate excluded. rial, and bags or containers that previ (n) "Planned renovation" means a ously contained commercial asbestos. renovation operation, or a number of (x) "Structural member" means any such operations, in which the amount load-supporting member, such as of friable asbestos material that will beams and load-supporting walls; or be removed or stripped within a given any non-load-supporting member, period of time can be predicted. Oper such as ceilings and non-load-support ations that are individually non-sched- ing walls. uled are included, provided a number of such operations can be predicted to C38 PR 3826. Apr. 9. 1973. as amended at 39 FR 15398. May 3. 1974: 40 FR 48299. Oct. 14; occur during a given period of time 1975: 42 FR 12127, Mar. 2. 1977: 43 FR based on operating experience. 26373, June 19.19781 (o) "Emergency renovation" means a renovation operation that results from 61.22 Emission standard. a sudden, unexpected event, and is not a planned renovation. Operations ne cessitated by non-routine failures of equipment are Included. (p) "Adequately wetted" means suf ficiently mixed or coated with water or an aqueous solution to prevent dust emissions. (q) "Removing" means taking out friable asbestos materials used on any pipe, duct, boiler, tank, reactor, tur bine, furnace, or structural member from any building, structure, facility, (a) Asbestos mills: There shall be no visible emissions to the outside air from any asbestos mill except as pro vided In paragraph (f) of this section. (b) Roadways: The surfacing of roadways with asbestos tailings or with asbestos-containing waste that is generated by any source subject to paragraphs (c). (d). (e) or (h) of this section is prohibited, except for tem porary roadways on an area of asbes tos ore deposits. The deposition of as bestos tailings or asbestos-containing or installation. waste on roadways covered with snow <r) "Stripping" means taking off fri or ice is considered "surfacing." able asbestos materials from any pipe, <c) Manufacturing: There shall be no duct, boiler, tank, reactor, turbine, fur visible emissions to the outside air. nace, or structural member. except as provided in paragraph (f) of (s) "Fabricating" means any process this section, from any of the following ing of a manufactured product con operations if they use commercial as taining commercial asbestos, with the bestos or from any building or struc exception of processing at temporary ture in which such operations are con sites for the construction or restora ducted. tion of buildings, structures, facilities (1) The manufacture of cloth, cord, or installations. wicks, tubing, tape, twine, rope. /1 293 4 os X415440 <o \ .ClS> 61.22 TIM* 40--Protection of Environment thread, yam. roving, lap, or other tex (11) Written notification shall be tile materials. postmarked or delivered to the Admin (2) The manufacture of cement istrator at least 20 days prior to com products. mencement of demolition and shall in (3) The manufacture of fireproofing clude the information required by and insulating materials paragraph (d)(2) of this section, with (4) The manufacture of friction the exception of the information re products. (5) The manufacture of paper, mill- board. and felt. (6) The manufacture of floor tile. (7) The manufacture pf paints, coat quired by paragraphs (dX2)(iil), (vi), (vli), (viii). and (lx), and shall state the measured or estimated amount of fri able asbestos materials which is pres ent. Techniques of estimation shall be ings. caulks, adhesives, sealants. (8) The manufacture of plastics and rubber materials. (9) The manufacture of chlorine. (10) The manufacture of shotgun shells (11) The manufacture of asphalt concrete. (d) Demolition and renovation: The requirements of this paragraph shall apply to any owner or operator of a demolition or renovation operation who intends to demolish any institu tional, commercial, or Industrial build ing (including apartment buildings having more than four dwelling units), structure, facility, installation, or por tion thereof, which contains any pipe, duct, boiler, tank, reactor, turbine, fur explained. (2) Written notice of intention to de molish or renovate shall be provided to the Administrator by the owner or operator of the demolition or renova tion operation. Such notice shall be postmarked or delivered to the Admin istrator at least 10 days prior to com mencement of demolition, or as early as possible prior to commencement of emergency demolition subject to para graph (d)(6) of this section, and as early as possible prior to commence ment of renovation. Such notice shall include the following information: (i) Name of owner or operator. (11) Address of owner or operator. (iii) Description of the building, nace, or structural member that is cov structure, facility, or installation to be ered or coated with friable asbestos demolished or renovated, including material, except as provided in para graph (d)(1) of this section: or who in tends to renovate any institutional, commercial, or industrial building, the size, age, and prior use of the structure, and the approximate amount of friable asbestos materials present. structure, facility, installation, or por (iv) Address or location of the build tion thereof where more than 80 ing, structure, facility, or installation. meters (ca. 260 feet) of pipe covered or (v) Scheduled starting and comple coated with friable asbestos material tion dates of demolition or renovation. are stripped or removed, or more than (vi) Nature of planned demolition or 15 square meters (ca. 160 square feet) renovation and method(s) to be em of friable asbestos material used to ployed. cover or coat any duct, boiler, tank, re (vli) Procedures to be employed to actor. turbine, furnace, or structural meet the requirements of this para member are stripped or removed. graph and paragraph (j) of this sec (l)(i) The owner or operator of a tion. demolition operation is exempted from (viii) The name and address or loca the requirements of this paragraph: tion of the waste disposal site where Provided, (A) the amount of friable as the friable asbestos waste will be de bestos material in the building or por posited. tion thereof to be demolished is less (lx) Name, title, and authority of the than 80 meters (ca. 260 feet) used to State or local governmental repre insulate pipes, and less than 15 square sentative who has ordered a demoli meters (ca. 160 square feet) used to in tion which is subject to paragraph sulate or fireproof any duct, boiler, (d)(6) of this section. tank, reactor, turbine, furnace, or (3)(1) For purposes of determining structural member, and (B) the notifi whether a planned renovating oper cation requirements of paragraph ation constitutes a renovation within (dXlXii) are met. the meaning of this paragraph, the 294 X 415441 / Chapter I--Environmental Protection Agency 61.22 amount of friable asbestos material to paragraphs (d)(4Xlv), (dX4Xvi> or be removed or stripped shall be: <d)(4Xvii) of this section. (A) .For planned renovating oper (iii) Pipes, ducts, boilers, tanks, reac ations- involving individually non- tors. turbines, furnaces, or structural scheduled operations, the additive members that are covered or coated amount of friable asbestos material with friable asbestos materials may be that can be.predicted will be removed taken out of any building, structure, or stripped at a source over the maxi facility, or installation subject to this mum period of time for which a pre paragraph as units or in sections pro diction can be made. The period shall vided the friable asbestos materials ex be not less than 30 days and not posed during cutting or disjointing are longer than one year.' adequately wetted during the cutting (B> For each planned renovating op or disjointing operation. Such units eration not covered by paragraph shall not be dropped or thrown to the (dX3Xl)<A), the total amount of fri ground, but shall be carefully lowered able asbestos material that can be pre to ground level. dicted will be removed or stripped at a (iv) The stripping of friable asbestos source. materials used on any pipe. duct, (ii) For purposes of determining boiler, tank, reactor, turbine, furnace, whether an emergency renovating op or structural member that has been eration constitutes a renovation within removed as a unit or in sections as pro the meaning of this paragraph, the vided in paragraph (d)(4)(iii) of this amount of friable asbestos material to section shall be performed in accord be removed or stripped shall be the ance with paragraph (d)(4)(ii) of this total amount of friable asbestos mate section. Rather than comply with the ^ rial that will be removed or stripped as wetting requirement, a local exhaust a result of the sudden, unexpected ventilation and collection system may event that necessitated the renova be used to prevent emissions to the tion. outside air. Such local exhaust ventila (4) The following procedures shall tion systems shall be designed and op be used to prevent emissions of partic erated to capture the asbestos particu ulate asbestos material to outside air: late matter produced by the stripping (i) Friable asbestos materials, used of friable asbestos material. There on any pipe, duct, boiler, tank, reactor, shall be no visible emissions to the turbine. furnace, or structural outside air from such local exhaust member, shall be removed from any ventilation and collection systems building, structure, facility or installa except as provided in paragraph (f) of tion subject to this paragraph. Such this section. removal shall occur before wrecking or (v) All friable asbestos materials dismantling of any portion of such that have been removed or stripped building, structure, facility, or installa shall be adequately wetted to ensure tion that would break up the friable that such materials remain wet during asbestos materials and before wreck all remaining stages of demolition or ing or dismantling of any other por renovation and related handling oper tion of such building, structure, facili ations. Such materials shall not be ty, or installation that would preclude dropped or thrown to the ground or a access to such materials for subse lower floor. Such materials that have quent removal. Removal of friable as been removed or stripped more than bestos materials used on any pipe, SO feet above ground level, except duct, or structural member which are those materials removed as units or in encased in concrete or other similar sections, shall be transported to the structural material is not required ground via dust-tight chutes or con prior to demolition, but such material tainers. shall be adequately wetted whenever (vi) Except as specified below, the exposed during demolition. wetting requirements of this para (ii) Friable asbestos materials used graph are suspended when the tem on pipes, ducts, boilers, tanks, reac perature at the point of wetting Is tors, turbines, furnaces, or structural below 0*C (32*F). When friable asbes members shall be adequately wetted tos materials are not wetted due to during stripping, except as provided in freezing temperatures, such materials * ,,295 8 X 415442 1 61.22 TUI* 40--Protection of Environment on pipes, ducts, boilers, tanks, reac tors. turbines, furnaces, or structural members shall, to the nmnrimnm extent possible, be removed as units or in sections prior to wrecking. In no case shall the requirements of para graphs <d)(4Xiv); or (d)(4)(v) be sus pended due to freezing temperatures. (vii) For renovation operations, local exhaust ventilation and collection sys tems may be used, instead of wetting as specified in paragraph (d)(4)(ii), to prevent emissions of particulate asbes tos material to outside air when damage to equipment resulting from the wetting would be unavoidable. Upon request and supply of adequate information, the Administrator will determine whether damage to equip ment resulting from wetting to comply with the provisions of this paragraph would be unavoidable. Such local ex haust ventilation systems shall be de signed and operated to capture the as bestos particulate matter produced by the stripping and removal of friable asbestos material. There shall be no visible emissions to the outside air from such local exhaust, ventilation and collection systems, except as pro vided in paragraph (f) of this section. (5) Sources subject to this paragraph sure exempt from the requirements of 5 61.05(a), 61.07, and 61.09. (6) The demolition of a building, structure, facility, or installation, pur suant to an order of an authorized rep resentative of a State or local govern mental agency, issued because that building is structurally unsound and in danger of imminent collapse is exempt from all but the following require ments of paragraph (d) of this section: (i) The notification requirements specified by paragraph (d)(2) of this section: (il) The requirements on stripping of friable asbestos materials from previ ously removed units or sections as specified in paragraph (d)(4)(iv) of this section: (ill) The wetting, as specified by paragraph (d)(4)(v) of this section, of friable asbestos materials that have been removed or stripped; (iv) The portion of the structure being demolished that contains friable asbestos materials shall be adequately wetted during the wrecking operation. (e) Spraying: There shall be no visi ble emissions to*the outside air from the spray-on application of materials containing more than 1 percent asbes tos, on a dry weight basis, used on equipment and machinery, except as provided in paragraph (f) of this sec tion. Materials sprayed on buildings, structures, pipes, and conduits shall contain less than 1 percent asbestos on a dry weight basis. (1) Sources subject to this paragraph are exempt from the requirements of 61.05(a). 3 61.07, and 5 61.09. (2) Any owner or operator who in tends to spray asbestos materials which contain more than 1 percent as bestos on a dry weight basis to insu late or fireproof equipment and ma chinery shall report such intention to the Administrator at least 20 days prior to the commencement of the spraying operation. Such report shall Include the following information: (i) Name of owner or operator. t (il) Address of owner or operator. (iii) Location of spraying operation. (iv) Procedures to be followed to > meet the requirements of this para graph. (3) The spray-on application of ma terials in which the asbestos fibers are encapsulated with a bituminous or re sinous binder during spraying and which are not friable after drying is exempted from the requirements of paragraphs (e) and (e)(2) of this sec tion. (f) Rather than meet the no-visible- emission requirements as specified by paragraphs (a), (c), (d), (e), (h), (j), and (k) of this section, an owner or op erator may elect to use the methods specified by 3 61.23 to clean emissions containing particulate asbestos materi al before, such emissions escape to, or are vented to, the outside air. qq (g) Where the presence of uncom- bined water is the sole reason for fail- ure to meet the no-visible-emission re- quirement of paragraphs (a), (c), (d),Qv (e), (h). (j), or (k) of this section, sucl^. failure shall not be a violation of suen* > emission requirements. (h) Fabricating: There shall be no visible emissions to the outside air. except as provided in paragraph (f) of this section, from any of the following operations if they use commercial as- 296 / X 415443 Chapter I--Environmental Protection Agency 61.22 bestos or from any building or struc into a slurry and other asbestos-con ture in which such operations are con taining waste material shall be ade ducted. - quately wetted. There shall be no visi (1) The fabrication of cement build ing products. (2) The fabrication of friction prod ucts, except those operations that pri marily install asbestos friction materi als on motor vehicles. (3) The fabrication of cement or sili cate board for ventilation hoods; ovens; electrical panels; laboratory furniture; bulkheads, partitions and ceilings for marine construction; and flow control devices for the molten metal Industry. (i) Insulating: Molded insulating ma terials which are friable and wet-ap plied insulating materials which are ble emissions to the outside air from the collection, mixing and wetting op erations. except as provided in para graph (f) of this section. (B) After wetting, all asbestos-con taining waste material shall be sealed into leak-tight containers while wet, and such containers shall be deposited at waste disposal sites which are oper ated in accordance with the previsions of } 61.25. (C) The containers specified under paragraph (JX3X1KB) of this section shall be labeled with a warning label that states: friable after drying, installed after the effective date of these regulations, shall contain no commercial asbestos. The provisions of this paragraph do Caution Contains Asbestos not apply to insulating materials which are spray applied; such materi Avoid Opening or als are regulated under 3 61.22(e). Breaking Container (J) Waste disposal for manufactur ing. fabricating, demolition, renova Breathing Asbestos Is Hazardous tion and spraying operations; The to Your Health owner or operator of any source cov Alternatively, warning labels specified ered under the provisions of para by Occupational Safety and Health graphs (c), (d). (e), or (h) of this sec Standards of the Department of tion shall meet the following stand Labor, Occupational Safety and ards: Health Administration (OSKA) under (1) There shall be no visible emis 29 CPR 1910.93a'g)(2)(li) may be used. sions to the outside air, except as pro t i: - Processing of asbestos-containing vided in paragraph (j)<3) of this sec waste material into non-friable forms: tion, during the collection; processing, ` A) All asbestos-containing waste including incineration; packaging; transporting; or deposition of any as bestos-containing waste material which is generated by such source. (2) All asbestos-containing waste ma terial shall be deposited at waste dis posal sites which are operated in ac cordance with the provisions of S 61.25. (3) Rather than meet the require ment of paragraph (JXi) of this sec tion, an owner or operator may elect to use either of the disposal methods specified under (JX3) (i) and (il) of this section, or an alternative disposal method which has received prior ap proval by the Administrator material shall be formed into non-friab;e pellets or other shapes and depos ited at waste disposal sites which are operated in accordance with the provi sions of S 61.25. '2' There shall be no visible emis sion, to the outside air from the col lection and processing of asbestos-con taining waste material, except as speci fier in paragraph (f) of this section. i) For the purposes of this para graph (j). the term all asbestos-con taining waste material as applied to demolition and renovation operations covered by paragraph (d) of this sec tion includes only friable asbestos waste and control device asbestos (1) Treatment of asbestos-containing waste. waste material with water < k> Waste disposal for asbestos mills: (A) Control device asbestos waste The owner or operator of any source shall be thoroughly mixed with water covered under the provisions of para- 297 X 415444 446 $61.22 graph la) of this section sh; the following standard: (1) There shall be no visib sions tq the outside air, excep. vided in paragraph <k)(3> of ; tion. during the collection, pre packaging, transporting or de of any asbestos-containing was rial which is generated by such (2) All asbestos-containing w: terial shall be deposited at w; posal sites which are'operate cordance with the provisions cr (3) Rather than meet the ment of paragraph (k)ll) of t tion, an owner or operator m to meet the following requirer paragraphs (k)(3) (i).and (ii), o alternative disposal method wl received prior approval by the istrator: (1) There shall be no visib sions to the outside air from th fer of control device asbestos ' the tailings conveyor, except vided in paragraph (f) of this Such waste shall be subse processed either as specified : graph (k)(3)(ii) of this sectio specified in paragraph (j)(3) section. (ii) All asbestos-containing wt terial shall be adequately mlxi a wetting agent recommended manufacturer of the agent t tively wet dust and tailings, > deposition at a waste dlspor Such agent shall be used as mended for the particular dust manufacturer of the agent, shall be no discharge of visib: sions to the outside air from t ting operation except as spec paragraph (f) of this section. ' may be suspended when the r temperature at the waste disp< is less than -9.5* C (ca. 15* : ambient air temperature shali termined by an appropriate or ment method with an accuracy C (2* P) and recorded at 1 hourly intervals during the that the operation of the system is suspended. Records temperature measurements s retained at the source for a m of 2 years and made available spection by the Administrator. (1) The owner of any tnactiv disposal site, which was oper / Chapter 1--Environmental Protection Agency 61.24 a fence or a natural barrier adequately am from asbestos ore dryers. Each deters access to the general public. square yard of felted fabric must (5> Rather than meet the require weigh at least 14 ounces and be at ment of paragraph (1X1) of this sec least one-sixteenth inch thick tion,; an owner may elect to meet the throughout. Synthetic fabrics must requirements of this paragraph cr not contain fill yam other than that may use an alternative control method which is spun. for emissions from inactive waste dis <b) II the use of fabric filters creates posal sites which has received pner a fire or explosion hazard, the admin approval by the Administrator. istrator may authorize the use of wet <i) The asbestos-containing waste collectors designed to operate with a material shall be covered with at least unit contacting energy of at least 40 15 centimeters (car 6 inches) of com inches water gage pressure. pacted non-asbestos-containing mate < c) The administrator may authorize rial, and a cover of vegetation shell te the use of filtering equipment other grown and maintained on the area than that described in paragraphs (a) adequate to prevent exposure of the and (b) of this section If the owner or asbestos-containing waste material; or operator demonstrates to the satisfac (ii) The asbestos-containing waste tion of the administrator that the fil material shall be covered with at least tering of particulate asbestos material 60 centimeters (ca. 2 feet) of compact 3 equivalent to that of the described ed non-asbestos-containing material equipment. and maintained to prevent exposure of id) All air-cleaning equipment au the asbestos-containing waste; or thorized by this section must be prop (iii) For inactive waste disposal sites erly installed, used, operated, and for asbestos tailings, a resinous or pe maintained. Bypass devices may be * troleum-based dust suppression ag?nc used only during upset or emergency which effectively binds dust and con conditions and then only for so long as ^ trols wind erosion shall be applied. it takes to shut down the operation Such agent shall be used as recom generating the particulate asbestos mended for the particular asbestos material. tailings by the dust suppression agent manufacturer. Other equally effective dust suppression agents may be used (38 FR 8826, Apr. 6, 1973. as amended at 40 FR 48302. Oct. 14. 1975] upon prior approval by the Adminis trator. For purposes of this paragraph, waste crankcase oil is not considerea a dust suppression agent. [38 FR 8826, Apr. 6. 1073. as amended at 39 FR 15398. May 3. 1974; 40 FR 48299. Oct. 14. 1975: 43 FR 26374. June 19, 1978] 61.24 Reporting. The owner or operator of any exist ing source to which this subpart is ap plicable shall, within 90 days after the effective date, provide the following information to the administrator (a) A description of the emission 61.23 Air-cleaning. If air-cleaning Is elected, as permit ted by S 61.22(f) and 61.22(d)!4niv). the requirements of this section must be met. (a) Fabric filter collection devices must be used, except as noted in para graphs (b) and (c) of this section, ouch devices must be operated at a pressure drop of no more than 4 inches water gage, as measured across the filter fabric. The airflow permeability, as de termined by ASTM method D737-69, must not exceed 30 it Vmin/ft1 for woven fabrics or 35 ft Vmin/ft1 for control equipment used for each proc ess; (b) If a fabric filter device is used to control emissions, the pressure drop across the fabric filter in inches water gage. (1) If the fabric filter device utilizes a woven fabric, the airflow permeabil ity in ft'/min/ft* and, if the fabric is synthetic, indicate whether the fill yam is spun or not spun. <2) If the fabric filter device utilizes a felted fabric, the density In oz/yd*. the minimum thickness in inches, and the airflow permeability In ftVmin/ felted fabrics, except that 40 ftVmin,' ft*. ft: for woven and 45 ft Vmin/ft' for (c) For sources subject to 51 61.22(j) felted fabrics is allowed for filtering V4 1 5446 299 ^3 61.25 Title 40--Protection of Environment (1)A brief description of each proc least equal to those specified in this ess that generates asbestos-containing paragraph. waste material. (2) The average weight of asbestos- LEGEND containing: waste material disposed of. measured in kg/day. - (3) The emission control methods Asbestos Waste Disposal Site Do Not Create Dust used in all stages oTwaste disposal. Breathing Asbestos is Hazardous to Your (4) The type of disposal site or incin Health eration site used for ultimate disposal, the name of the site operator, and. the Notation name and location of the disposal site. 1" Sans Serif. Gothic or Block (d) For sources subjects $ 61.22(1): (1)A brief description of the site. Sans Serif, Gothic or Block (2) The method or methods used to 14 Point Gothic comply with the standard, or alterna tive procedures to be used. (e) Such information shall accompa ny the information required by 3 61.10. The Information described in this sec Spacing between lines shall be at least equal to the height of the upper of the two lines. (c) The perimeter of the disposal site shall be fenced in order to adequately tion shall be reported using the deter access to the general public format of Appendix A of this part. except as specified in paragraph (d) of (Sec. 114. Clean Air Act as amended (42 U.S.C. 7414)) [38 FR 8826. Apr. 6, 1973, as amended at 40 FR 48302, Oct. 14. 1973; 43 FR 8800. Mar. 3. 1978] this section. (d) Warning signs and fencing are not required where the requirements of paragraph (e)(1) of this section are met, or where a natural barrier ade quately deters access to the general 61.25 Waste disposal sites. In order to be an acceptable site for disposal of asbestos-containing waste material under S 61.22(j) and (k). an public. Upon request and supply of ap propriate information, the Administra tor will determine whether a fence or a natural barrier adequately deters access to the general public. active waste disposal site shall meet (e) Rather than meet the require the requirements of this section. ment of paragraph (a) of this section, (a) There shall be no visible emis an owner or operator may elect to sions to the outside air from any meet the requirements of paragraph active waste disposal site where asbes (e)(1) or (e)(2) of this section, or may tos-containing waste material has been deposited, except as provided in para graph (e) of this section. (b) Warning signs shall be displayed at all entrances, and along the proper ty line of the site or along the perim eter of the sections of the site where asbestos-containing waste material is deposited, at intervals of 100 m (ca. 330 ft) or less except as specified in paragraph (d) of this section. Signs shall be posted in such a manner and location that a person may easily read the legend. The warning signs re use an alternative control method for emissions from active waste disposal sites which has received prior approval by the Administrator. (1) At the end of each operating day, or at least once every 24-hour period while the site is in continuous oper ation, the asbestos-containing waste material which was deposited at the site during the operating day or previ ous 24-hour period shall be covered with at least 15 centimeters (ca. 8 inches) of compacted non-asbestos- contalning material. (2) At the end of each operating day, quired by this paragraph shall con or at least once every 24-hour period form to the requirements of 20" x 14" while the disposal site is in continuous upright format signs specified in 29 operation, the asbestos-containing CFR 1910.145(d)(4) and this para waste material which was deposited at graph. The signs shall display the fol the site during the operating day or lowing Legend in the lower panel, with previous 24-hour period shall be cov letter sizes and styles of a visibility at ered with a resinous or petroleum- 90V 300 y415447 Chapter !--Environmental Protection Agency based dust suppression agent which ef fectively binds dust and controls wind erosion. Such agent shall be used as recommended for the particular dust by the dust suppression agent manu facturer. Other equally effective dust suppression .agents may be used upon prior approval by the Administrator. For purposes of this paragraph, waste crankcase oil is not considered a dust suppression agent. (40 FR 48302. Oct. 14. 1975] 61.32 30^08 143 X 4 154 48 App. A Title 40- Protection at Environment APPEN01X A National Emission Standards for Hazardous Air Pollutants Compliance Status Information 'IL' I. SOURCE REPORT INSTRUCTIONS: Owners or operators of sources of hazardous pollutants subject to the Nattonal Emission Standards for Hazardous Air Pollutants are required to submit the Information contained In Section I to the appropriate U.S. Environmental Protection Agency Regional Office prior to 90 days after the effective date of any standards or amend ments which require the submission of such information. A list of regional offices is provided in S61.04. ___________________________ A. SOURCE INFORMATION 1. Identification/Location - Indicate the name and address of each source. 1__ 2 Region 3 state 5a County 913 ` OOP Source Number 1? T6 00 1 17 TB TT 2022 AQCfc i 2326 City Code 27 Source Name 46 47 Street Address (Location of Plant) 56 87 Oup 1-18 TT ____ _______ 25 City Name 34 State 35 19 40 State Regis. Number 5558 54 NEDS K ftef. 8 snre--s ft- jt? 64 65 77 79 ~nirr so Dup 1-18 5 TT IT TTP ET 51 30 31 49 2. Contact - Indicate the name and telephone number of the owner or operator or other responsible official whom EPA may contact concerning this report. V v> *Sw 320 Y 415449 Chapter I--Environmental Protection Agency App. A Duo 1-18 4 1 19 73 2T Hum 43 44 46 ___ - _ Arai Code il Dumber ar J. Souree (Inscription - Briefly state the nature of the source (e.g., "ChloraiitsII Plant1, or Jhach1ne Shop"}. Oup 1-18 i2 19--TO 2T" Description To 5l Continued 79 SJ 4. Alternative Hailing Address - Indicate an alternative mailing address 1f correspondence Is to be directed to a location different than that specified above. Oup 1-18 43 19 ?0 21 Number Street or Vox lluaber T5 ST Oup 1-18 44 19--70 21------------- CTCy------------------35 35!al? 41 Zip 44 8ff 5. Compliance Status - The amissions from this source can cannot meet the emission limitations contained in the National EmitslonTtandards or. or prior to SO days after the effective date of any standards or amendments which require the submission of such Information. signature of Owner, Operator or Other Responsible Official HOYk: If the emissions from the source will exceed those limits set by the National Emission Standards for Hazardous Air Pollutants, the source will be In violation and subject to Federal enforcement actions unless granted a waiver of compliance by the Administrator of the U.S. Environmental Protection Agency. The Information needed for such waivers Is listed In Section it of this form. B. PROCESS INFORMATION. Pert B should be completed separately for each point of amission for each hazardous pollutant. [Sources subject to 61.22(1} may omit number 4. below.] Oup 1-13 00 5 15--T6 17 Ta TT 25 SIC 27 28 29 31 3T NEDS X Ref IS SIP I A0e 321 X 415450 App. A Tlfte 40--Protection of Environment 1. Pollutant Emitted - Indicate the type of hazardous pollutant enltted by the process. Indicate 11AB" for asbestos. "BE* for beryllium, or "HG`` for mercury. 3Z 33 Pollutant 34' Regulation *8 T7 cc 2. Process Description - Provide a brief description of each process (e.g.. "hydrogen end box" In a mercury chlor-alkall plant, "grinding machine" In a beryllium machine shop). Use additional sheets If necossa/y. .. * 50 Process Description 74 BO Oup 1-18 6 1 i? To Z1 50 5l Oup 1-18 62 i?r To 21 79 BO 50 51 " 79 BO 3. Amount of Pollutant - Indicate the average weight of the hazardous material named in Item 1 which enters the process In pounds per month (based on the previous twelve months of operation). up 1-18 6 3 19 ZD 21 lbs./mo. 27 29 36 bo 4. Control Devices T. Indicate the type of pollution control devices. If any, used to reduce the emissions from the process (e.g., venturi scrubber, baghouse, wet cyclone) and the estimated percent of the pollutant which the device removes from the process gas stream. Oup 1-18 6 4 19 TO Zl PRIMARY CONTROL DEVICE: 43 45 Primary Device name 66- 70 64 Percent Removai 72 Efficiency 791 go 322 X 415451 Chapter I--Environmental Profaction Apancy App. A Is f Oup 1-18 55 ir"7o 21 SECONDARY CONTROL DEVICES: 45 47 Secondary Device Marne 2 ErFIC. 64 66 70 72 Percent Pemoval Efficiency b. Asbestos Emission Control Devices Only I. If a baqhouse is specified in Item 4a. give the following information: The a+r'flow permeability in cubic feet per minute per square foot of fabric area. Air flow oermeabil ity * cfm/ft2 The pressure drop ir inches water gauge across the filter at which the baghouse is operated. Operating oressure drop *inches w.g. If the baghouse materia' contains synthetic fill yam. check whether this material is / / spun / / or not spun. If the baqhouse utilizes a felted fabric, give the minimum thickness in Inches and the density in ounces oer square yard. 2 Thickness inches Density oz/yd II. If a wet collection devize i; specified In Item 4a. give the desiqned unit contacting energy in inches watr* gauge. Unit contacting energy * _______ Inches w.g. C. DISPOSAL OF ASBESTOS-CONTAINING WASTE3. Part C should ba completed separately for each asbestos-containirq waste generation operation arisirg from sources subject to 561 .22(a), >:), (e), and (n. Duo 1-13 15 00 5 r6 17 T8 TO 25 --see----Tr :5 79 N60S x Ref 37 3T cs SIP A3 32 13 34 Pollutant keyuletian 46 TO EC 1 ''N / 323 X415452 App. A THto* 40 -Protection of Environment 1. Waste Generation - Provide a brief description of each process that . generates asbestos-containing waste (e.g. disposal of control device wastes). 50 Process Description T9 BO 2. Asbestos Concentration - Indicate the average percentage asbestos content of these materials. Oup 1-18 6 1 19 23 2l X sc sc ASBESTOS CONCENTRATION: T3 45 T8 3. Amount of Wastes - Indicate the average weight of asbestos-containing wastes disposed of, measured in leg/day. Oup 1-18 62 19----- ZO kq/dav 21------------------------------Z7 29-- 14 SC 4. Control Methods - Indicate the emission control methods used in all stages of waste disposal, from collection, processing, and packaging to transporting and deposition. up 1-18 6 3 19 ZO Primary Control Method 21---------- --------------------------------------------?3 4C Oup 1-18 6 4 ig Zo 2i 79 SC ; 50 51 79 SC 5. Waste Olsposal - Indicate the type of disposal site (sanitary landfill, open, covered) or incineration site (municipal, private) where the waste Is disposed of and who operates the site (company, private, municipal). State the name and location of the site (closest city or town, county, state). Dup 1-18 6 5 TYPE OF SITE: 19--ZO 2T--------------------------------------- 13 35-------------------------------- 50 5T 79 SC V .0)Sb 324 X4 I 5453 Chapter I--Environmental Protection Agency Duo 1-18 i 8 19 ZD OPEPA'OR: 21 19 5) Oup 1-18 6 7 IT ZD .OPTION 21 ZD 31 71 73 97 31 79 57 7o App. A 5D D. UASTE DISPOSAL SITES. art D siould be competed separately for each asbestos waste disposal sHt subject to section 61.22(1). Oup 1-13 005 1* 16 17 T8 T7 27 see 27 25 79 37 3T NEDS X Ref CS SIP AB 32 33 Pollutant 3a Regulation 48 59T SC WASTE DISPOSAL SiTE 50 5a 57 1. Descriptor - Provide a brief description of the s-ta, including its size and configuration, and the d-stance to the closest city or town, closest residence, erd closest prinary road. Dup 1-18 6 1 19 ZD 21 SITE DESCRIPTION 37 39 5D si : 7D 57 Duo 1-18 8 2 DISTANCE: OWN: 19 ZD 31 ZD 35 :< 3? KH 3Eo 4Z *3 RESIDENCE: __________ :< W ROAD: 45------------- ---------------r 36 SO 62 63 66 55 ____________ 71 76 1C H 77 78 57 325 X415454 App. A THU 40--Protaction of Environment 2. Inactivation - After the site Is inactivated, indicate the method or methods used to comply with the standard and send a list of the actions that will be undertaken to maintain the inactivated site. oup i-i8 s a 19 313 2T HETw85/!Tfo[ffifE SITE: 79 ST II. WAIVER BEQUESTS A. WAIVER OF COMPLIANCE. Owners or operators of sources unable to operate in cono^ance with the National Emission Standards for Hazardous Air Pollutants prior to 90 days after the effective date of any standards or amendments which require the submission of such Information may request a waiver of compliance from the AAninlstrator of the U.S. Environmental Protection Agency for the time period necessary to install appropriate control devices or make modifications to achieve compliance. The Administrator may grant a waiver of compliance with the standard far a period not exceeding two years from the effective date of the hazardous pollutant standards, if he finds that such period Is necessary for the Installation of controls and that steps will be taken during the period of the waiver to assure that the health of persons will be protected from iiminent endangerment. The report information provided in Section I mist accompany this application. Applications should be sent to the appropriate EPA regional office. 1. Processes Involved * Indicate the process or processes emitting hazardous pollutants to which emission controls are to be applied. 2. Controls a. Describe the proposed type of control device to be added or modification to be made to the process to reduce the emissions of hazardous pollutants to an acceptable level. (Use additional sheets if necessary.) b. Describe the measures that will be taken during the waiver period to assure that the health of persons will be protected from imeinent endangerment. (Use additional sheets if necessary.) 3. Increments of Progress - Specify the dates by which the following increments of progress will be met. Date by which contracts for emission control systems or process modifications will be awarded; or date by which orders will be Issued for the purchase of the component parts to accomplish emission control or process modification. I \ s> V 326 X 415455 Giaptor I--EnvironiMnlal Protection Agency App. A Oup 1-16 01 7 17 T9 ____ ___________ _________________________ 53 U 55 5a 61 MO/OY/YR 56 37 7 Oat* of 'nltlatlon of on-site construction or installatlcn of emission control equipment or process change. Oup 1-16 .. 0 2 7 17" T9 53T4 55" TC 61 Mtl/Oi/YR 56 57 Oate hy whichi on-site construction or Installation of emission control equipment or process modification is to be completed. Oup 1-16 03 7 17' " i9 53 5* 55 60 6T Mo/dv/yr 56 57 Date by which final comollance Is to be achieved. Oup 1-16 0* 7 17-------- T9 S3-5-4 55--------------------- 5-0 61--WJ7DY7YR--------56 57 8. WAIVER Of EHISSIOH' T5T5. A waiver of emission testing may be granted to owners or operators of sources of beryl lltmi or mercury pollutants If. In the judgment of the Administrator of the Environmental Protection Aqency the emissions from the source comply with the appropriate standard or if the owners or operators of the source have requested a waiver of compliance or have been granted a waiver of compliance. This application should accompany the report Information provided In Section I. 1. Reason State the reasons for requesting a waiver of emission testing. If the reason stated Is that the emissions from the source are within the prescribed limits, documentation cf tnls condition must be attached. bate Signature of the owner or operator (Sec. 114, of the Clean Air Act aa amended (42 UjS.C. 7414)) C40 PR 48303, Oct, 14, 1975. aa amended at 43 FR 8800, Mar. 3.1978] 327 X4I5A57 50732 federal Register / VoL 44. No. 189 / Wednesday. August 29. 1979 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY <0 CFR Parts 40S, 404, 407, 400, 409, 411, 412. 419. 422,424, 420, 427, t32 [FRL 1505-il ctest Conventions* PollutantontraJ Technology; Reasonableness of Existing Effluent limitation Guidelines agency: Environmental Protection Agency. action: Final rule*.* 1 summary: ETA publishes the results of its review of effluent-limitations on conventional pollutants in certain industries. In some industries, effluent limitations representing "best conventional pollutant control technology" (BCT] are promulgated.These limitations will replace limitations representing "best available technology economically achievable" (BAT] previously established for conventional pollutants. In other industries. BAT limitations on conventional pollutants are withdrawn, and BCT limitations will be promulgated at a later date. EPA initially proposed BCT limitations on August 23.1978. At that time, the public was invited to comment on the proposed regulations, and a public meeting was held. The comments received Cram the public have all been reviewed and evaluated by EPA. They have been incorporated into this final rulemaking package. DATS: The effective date of these regulations will be September 28,1979. rots further information contact: Ms. Emily Hartnell. Office of Analysia and Evaluation (WH-586). EPA. 401 M Street S.W.. Washington D.C 20480, 202-755-2484. SUFFLEMENTARY information: 1. Background Legal Basis On August 23.1978. EPA published proposed "best conventional pollutant control technology" (BCT] for selected industries. The proposed regulations were developed in response to Section 304(b)(4)(B) of the 1977 Amendments to the Clean Water Act (CWA). Section 304(b)(4)(B) instructs EPA to determine BCT through an analysis o Hit reasonableness of the relationship between the costs of attaining a reduction In effluents end the affluent reduction benefits derived, end thu comparison of the cost and level of reduction of such pollutants from the discharge of publicly owned ireatae'U works to the cost and levjl of red.icti.To of sich pollutant* from a class or category of industrial sources. The Act also specifies that additional consideration be given In making BCT determinations to the age of equipment, production process, energy requirements, and other appropriate factors. BCT is not an additional effluent limitation for industrial dischargers, but rather it replaces `best available technology economically achievable" (BAT) for the control of conventional pollutants. BAT will remain in force for all non-conventional and toxic pollutants. Effluent limitations representing BCT may not be more stringent than BAT. However. BCT. like BAT. is subject to periodic review, and progress in waste treatment technology may warrant subsequent revision. In no case will BCT limitations be leas stringent than limitations representing "best practicable technology currently available" (BPT). Section 73 of the CWA of1977 directs the Agency to review, immediately, all existing final or interim final BAT effluent guidelines for conventional pollutants In those industries not covered in the Settlement Agreement reached in NRDC v. Trtu'a. 8 ERC 2120 (DD.C. 1978). These industries are o'>en referred to as "secondary industries." This review was to be completed within will remain in effect. In some instances, industry studies currently underway are expected to result snovtly in thp necessary data to establish .law standards (the seafoods industry, the cane sugar subcatrgories of tor sugar processing industry, acd three subcetegoriee in the fruit and vegetable processing industry). In other instances, data submitted by industry warrants further consideration (four subcatescries in the meat processing industry, the beet sugar subcategory of the sugar processing industry, the frozen potato subcategory, and parts of tha condensed milk end condensed whey subcategory). Adequate information is not currently available on industry operations lo conduct the necessary analyses for duck feedlots. In a final esse, some limitations in certain meat products subcategoriea have been remanded by a court for reconsideration. and BPT will be set at the conclusion of that process. EPA expects to use the methodology employed in this BCT review when an analysia of conventional pollutant treatment requirements is conducted for the primary industries (these indiatries to be covered by tha Consent Agreement). National BCT limitations will be proposed and promulgateff'along with BAT. pretreatment and new source standards. The explicit application of the BCT methodology to each industry SO days of enactment of the Ad will be detailed at the time eacn 2. Industries Covered by TMs Review regulation Is proposed. As directed by Congress. EPA has ` X Pollutants Covered by tha Review evaluated all BAT regulations for conventional pollutants which apply to industries not covered by the NRDC Settlement Agreement (those not fisted in Table 2 of Committee Print No. 85-30 of the Committee on Public Works sod Transportation of the House at Representatives). Thirteen secondary industry categories have final or interim final BAT effluent guidelines. These are fitted in Tables 1 and 2. Complete analysis has not been carried out on all of the subcategories in these industries. Section 304(c)(4) of the Act specifies that conventional pollutants should Include, but not be limited to, biochemical oxygen demanding pollutants (BOD5). total suspended solids (TSS), fecal coliform. and pH. The Agency, in a separate action, has designated oil and grease as a conventional pollutant (44 FR 44501, July 30.1979) and this review of BAT effluent guidelines includes oil and grease in the analysts of reasonableness where In those cases where conventional appropriate. In foe cose of both fecal pollutant BAT limitations are equivalent coliform and pH, the BAT regulations to BPT. no further analysia Is necessary. under review were in all cases Since BPT constitutes a floor below which BCT may not be established, all BAT limitations set at that point are reasonable, and are befog promulgated as BCT. The 20 subcategories which fall Into this group are lbted in Table 1. The 93 eubcategoriee In Table 2 seen studied further. Of the 83 subcategories, BAT regulations for 43 are not finally promulgated or are withdrawn for a variety of other reasons. BCT Limitations will be set at a later date, and BPT alone equivalent to BPT regulations. Therefore, no further analysis has been performed on these pollutants, and BCT controls of pH and fecal coliform will be the same a* BPT. Consequently, the pollutants considered in this review are BOD3L TSS. end oil and grease. ! at any time, pollutants are added or deleted from the conventional pollutant (let Hie Agency will reevaluate ell effluent guidelines affected by such revisions. 152 7415453 --7 v *--.> Federal Register / Vol. 44. No. 169 / Wednesday, August 29, 1979 / Rules and Regulations 50733 , 4. Methodology for Determining directly incorporated in tha cost per BCT Is being promulgated as equivalent Reasonableness of BAT Regulations pound comparison. to the former BAT. If the BAT standard (a) Background. The objective of this review is to evaluate existing BAT limitations for the "secondary" Industries to determine if they satisfy the criteria for BCT contained i> section 304(b)(4)(B). That section, which requires a consideration of the "East reasonableness" of effluent limitations for conventional pollutants, has necessitated the development of a wholly new methodology for evaluating existing effluent limitations and for developing subsequent BCT limitations. 1 In developing the methodology for this regulation. EPA was guided both by the statutory language of section 304(b)(4)(B) and by Congress' underlying objectives in establishing BCT. The legislative history makes it dear that Congress was concerned that requirements for the control of ___ conventional pollutants, beyond BPT may, in some cases, be unreasonably expensive. Congress recognized that at some point costs for such control begin to exceed associated "effluent reduction benefits", and thus established BCT to ensure that any limitations controlling conventional pollutants at a level more stringent than BPT were "reasonable". This regulation satisfies those objectives. The core of the Agency's BCT methodology is a comparison of tha coats of removing additional pounds of conventional pollutants for industry with comparable costs of removal for an average publicly owned treatment works (POTW). This cost figure for the POTW constitutes the basic measure of "reasonableness" established by the Act. As Senator Muskie noted: The Administrator must determine, whether or not the cost of achieving reductions of conventional pollutants bears s reasonable relationship to tha amount of affluent reduction achieved. In making this determination, the Administrator is to compare the costs of industrial effluent reduction to the coat of municipal waste treatment. There are, however, a range of (3) A uniform measure of reasonableness Is established for all Industries throughout the country. This ensures that no industry will be required to exceed a specified cost per pound for removal of conventional pollutants. In consequence. Industries with high costs for removal of conventional pollutants, in many cases, will be subject to lass stringent effluent' limitations. (4) A greater proportion of the total costa for control of conventional : pollutants will now be allocated to industries and segments of industries comprised of large facilities. These facilities are able to remove conventional pollutants at the lowest cost (5) Tha final methodology results in the relief which Congress Intended for control of conventional pollutants, and resolves the uneven Impact of existing BAT limitations. Of the 93 industry subcategories evaluated in detail in this review. 22 hava reasonable BAT limitations, 13 have unreasonable limitations, 0 have aplitdetermination* depending on the size of plant 7 are not affected by this review because tha BAT limitations In those cases are designed to control toxic pollutants, while the remaining 40 aa noted above will require further analysis. For those subcategories In which BAT was found to.be unreasonable, or requiring further analysis, EPA will undertake further study to dsvalop appropriate BCT limitations. These new limitations will result in a substantial reduction in expenditures for control of conventional pollutants. While this regulation covers only secondary Industries, when the methodology Is applied to the development of BCT limitations for the control of conventional pollutants in tha primary industries, substantial additional savings will b* realized (b) The BCT Teat The BCT test compares tha coat for industry to remove a pound of conventional pollutants to the cost Incurred by a doss not pass tha teat, tha existing BAT is being withdrawn until an appropriate BCT can be set (1) Calculation oflnduitrial Costs: Tha Incremental annual costa are calculated by determining the difference between the iTMl costa for a modal plant representing an Industrial subcatagory to achieve BPT and the annual costa to achieve the candidate BCT for conventional pollutants. Annual costs include- operation and maintenance expenses, capital costs, and depredation. Tha data used by EPA in determining Industrial coats for this review are drawn from tha Agency Development Documents which were prepared for each of tha affected Industries (See Appendix A). The data are updated to 1978 dollars, so that they can be compared on a consistent basis. (2) Calculation ofInduatrial Pollutant RemovaliThe Incremental removal of conventional pollutants is calculated by determining the difference between the annual pounds of conventional pollutants removed after compliances with BPT and the pounds removed after compliance with the candidata BCT. The conventional pollutants subject to thig, review fall into two categories: suspended solids (TSS), and oxygen demanding substances (BODJ and oil and grease). To avoid "double counting" of the amount of pollutants removed, the incremental pounds removed from BPT to candidate BCT are calculated using only one pollutant horn each group. In those cases where both BOD5 and oil and grease are subject to limitations, tha pollutant with tha greater amount of removal la Included in the calculation. If a group ia not represented in the effluent limitation guideline for tha subcategory, thenjt is not Included in the evaluation. Table 3 details tha pollutants to be used in the calculation. (3) Calculation of the Induatrial Ratio: The ratio of incremental annual costa to incremental conventional pollutant removal la calculated as follows: additional factors which are significant POTW for removing a pound of (candidate BCT annual costa-BPT in establishing BCT. EPA interprets and conventional pollutants. If tha Industry annual coats)/(candidata BCT pounds of appliea these factors as follows, cost for a specific technology is lower conventional pollutants removed-BPT (1) BPT Is tha base point for thafi the POTW cost the test is passed pounds of conventional pollutants evaluation of limitation* on and the level of control of conventional removed) conventional pollutants. All costa pollutants Is considered reasonable. If This ratio represents the annual beyond BPT associated with the control tha industry costs of removal are higher incremental cost to remove a pound of of conventional pollutants are used In than the POTW costa, the test Is failed, conventional pollutants beyond BPT in tha BCT evaluation. No limitation more and BCT cannot ba sat at that leveL term* of dollars per pound. stringent than BPT can be established aa In tha case of this Section 73 (4) Calculation of the Induatrial BCT if it fails'the cost reasonableness secondary industry review, the BCT test Ratiot in the Absence ofBA T: For those comparison. is applied lo existing BAT requlnmsnts subcategories In which BAT limitations (2) Effluent reduction benefits, to determine If the existing promulgated are unreasonable, and in thoie calculated In terms of additional pounds regulations are reasonable. If the subcategories In which BAT has not of conventional pollutant* removed, are existing BAT limitation passes tha test. been promulgated, the Agency will be A08153 X415459 ? Federal Register / Vol. 44. No. 189 / Wednesday, August 29, 1979 / Rulea and Regulation* 50733 - 4. Methodology for Datirmining Reeaanefaleoeu of BAT Regulations directly incorporated in the cost per pound comparison. BCT Is being promulgated as equivalent to the former BAT. If the BAT standard (a) Background. The objective of this review is to evaluate existing BAT limitations for the "secondary" Industries to determine if they satisfy the criteria for BCT contained is section 304(b)(4)(B). That section, which requires a consideration of the "5ost reasonableness" of effluent limitations for conventional pollutants, has necessitated the development of a wholly new methodology for evaluating existing effluent limitations and for developing subsequent BCT limitations. In developing the methodology for this regulation, EPA was-guided both by the statutory language of section 304(b)(4)(B) and by Congress' underlying objectives In establishing BCT. The legislative history makes it deer that Congress was concerned that requirements for the control of ___ conventional pollutants, beyond BPT may, in some cases, be unreasonably expensive. Congress recognized that at same point costs for such control begin to exceed associated "effluent reduction benefits", and thus established BCT to ensure that any limitations controlling conventional pollutants at a level more stringent than BPT were "reasonable". This regulation satisfies those objectives. The core of the Agency's BCT methodology is a comparison of the costs of removing additional pounds of conventional pollutants for industry with comparable costs of removal for an average publidy owned treatment works (POTW). This cost figure for the POTW constitutes the basic measure of "reasonableness" established by the Act As Senator Muskie noted: The Administrator must determine,whether or not the cost of schievtng reductions of conventions! pollutants besn s rsesonebie relationship to the amount of effluent reduction achieved. In making this determination, the Administrator is to compart the costs of industrial effluent reduction to the cost of municipal wastt treatment. There are. however, a range of (3) A uniform measure of reasonableness Is established for all Industries throughout the country. This ensures that no industry will be required to exceed a specified cost per pound for removal of conventional pollutants. In consaqusnce. Industries with high costs for removal of conventional pollutants, in many cases, will be subject to less stringent affluent limitations. (4) A greater proportion of the total coats for control of conventional pollutants will now be allocated to Industries and ssgments of industries comprised of large facilities. These facilities are able to remove conventional pollutants at the lowest cost (5) The final methodology results in the relief which Congress Intended for control of conventional pollutants, and resolves ths uneven Impact of existing BAT limitations. Of the 93 industry subeategories evaluated in detail in this review, 22 have reasonable BAT limitations. 13 have unreasonable limitations, 6 have splifdeterminationi depending on the size of plant. 7 are not affected by this review because the BAT limitations in those oases are designed to control toxic pollutants, while the remaining 4S as noted above will require further analysis. For those subcategories in which BAT was found to.be unreasonable, or requiring further analysis. EPA will undertake further study to develop appropriate BCT limitations. These new limitations will result in a substantial reduction in expenditures for control of conventional pollutants. While this regulation covers only secondary industries, when the methodology is applied to the development of BCT limitations for the control of conventional pollutantj in the primary industries, substantial additional savings will be realized (b) This BCT Teat The BCT test compares the cost for industry to remove t pound of conventional pollutants to the cost Incurred by a does not pass the test the existing BAT is being withdrawn until on appropriate BCT can be set. (l) Calculation ofIndustrial Costs; The incremental annual costs are calculated by determining the difference between the coeta for e model plant representing an industrial subcategory to achieve BPT and the annual costa to achieve the candidate BCT for conventional pollutants. Annual costs include operation and maintenance expenses, capital casts, and depredation. The data used by EPA In determining industrial costs for this review are drawn from the Agency Development Documents which were prepared for each of the affected Industries (See Appendix A). The data are updated to 1978 dollars, so that they can be compared on a consistent basis. (2) Calculation ofIndustrial Pollutant Removal: The incremental removal of conventional pollutants is calculated by determining the difference between the annual pounds of conventional pollutants removed after compliance) with BPT and the pounds removed after compliance with the candidate BCT. The conventional pollutants subject to thig review fall Into two categories: suspended solids (TSS), and oxygen demanding substances (BOOS and oil and pease). To avoid "double counting" of the amount of pollutants removed the incremental pounds removed from BPT lo candidate BCT are calculated using only one pollutant from each group. In those cases where both BODS and oil and grease are subject to limitations, the pollutant with ths greater amount of removal ia included in the calculation. If a group ia not represented in the effluent limitation guideline for the subcategory, thenjt is not Included in the evaluation. Table 3 details the pollutants to be used in the calculation. (3) Calculation of the Industrial Ratio; The ratio of incremental annual costs to incremental conventional pollutant removal is calculated aa follows: additional factors which are significant POTW for removing a pound of in establishing BCT. EPA Interprets and conventional pollutants. If the industry (candidate BCT annual coata-BPT annual coats)/(candldata BCT pounds of applies these factors as follows, cost for specific technology is lower conventional pollutants removed-BPT (1) BPT is the base point for thad the POTW cost, the test is passed pounds of conventional pollutants evaluation of limitations on pnd the level of control of conventional removed) conventional pollutants. All costs pollutants is considered reasonable. If This ratio represents the annual beyond BPT associated with the control the industry costs of removal are higher Incremental cost to remove a pound of of conventional pollutants are used in than the POTW costa, the test Is failed, conventional pollutants beyond BPT in the BCT evaluation. No limitation more and BCT cannot ba sst at that levsL terms of dollars per pound. stringent than BPT can be established as In the case of this Section 73 (4) Calculation of the Industrial BCT if it fails the cost reasonableness secondary industry review, the BCT test Ratios in the Abeence ofBATi For those comparison. is applied to existing BAT raqulrsmsnts subcategories in which BAT limitations (2) Effluent reduction benefits, to determine if the existing promulgated are unreasonable, and in those calculated in terms of additional pounds regulations are reasonable, [f ths subeategories In which BAT has not of conventional pollutants removed, are existing BAT limitation passes ths test been promulgated, the Agency will be A08 153 X415459 50734 Federal Ragiatar / VoL 44. No. 169 / Wednesday, August 29, 1979 / Rulea and Regulations considering feverel candidate proper lavala of control can be submitted data on costa of BPT level technologies for BC7. In evaluating the determined. Regulations that are treatment technology and tha raaaonabltnea* of theae candidates, unreasonable are found In the Glass and performance of that technology. On the EPA will use BPT sa a starting point and Ferroalloys industries. basic of that data, the Agency wishes to determine the Incremental coats and There are six industry subcategoriss conduct further review of potential levels of pollutant removal from BPT to where the limitations for one aiza modal limitation* for this subcatag^Ty. and will each of the candidate technologies. BCT plant me reasonable, but unreasonable not promulgate BCT limitations at this will be promulgated based on the most for another size, or whan a portion of time. stringent technology option which the subcategory Is withdrawn pending Seven subcategoriea in the Asbestos passes the reasonableness TBkL-as well further study, the BCT regulations will industry ara not affected by this review. as the other factors specified in the Act. only cover the sirs range of plants Tha BAT limitations tor these [5) Calculation ofPOTW Cost- where the limitations are reasonable, subcategories require that facilities Effectiveness Ratio: A single cost and exclude thoee plants where the achieve zero discharge of pollutants. rasonablsness ratio for a POTW of limits ire unreasonable. This was found These limitations are designed to control i verage size was developed for in the Dairy and Fruit and Vegetable the discharge of toxic pollutants and ara comparison with industrial ratios, Hiik industries. thus not subject to s BCT analysis. was based on the costa of a POTW with a flow of two million gallons per day to upgrade its facility The Agency It suspending all 28 of the subcategoriea in the Seafood category. In a separata action, the limitadoni for S. Modifications to the Proposal Since the publication of the proposed from secondary treatment (30 milligrams theta twenty-eight tubcatagoriee an regulations in Augrnt of 1979, EPA has per liter (mg/1) of TSS. 30 mg/1 of BOOS] being reviewed, and final BCT baen reviewing the eguleilons in to advanced secondary treatment (10 limitations will be promulgated at a response to comments from the public mg/1 of TSS. 10 mg/1 of BOD5). The' later date. and to new information that has become resulting POTW cost reasonableness Also In a separata action, the Agency available to the Agency. Comments ratio ia SI.15 per pound (1978 dollars). hai agreed with Fruit and Vegetable were received from 79 parties including This figure will be updated periodically Industry representatives to withdraw many industrial groups, tha Council on to account for inflation. A detailed the three canned and preserved fruit and Wage and Price Stability, and several discussion of the calculation of the vegetable processing subcategories. This State governments. The commonters POTW ratio is contained in Appendix & notice was published on funa 20.1979. raised significant concerns with the - (6) Comparison ofIndustrial and 44 FR 36033 BCT limitations will be approach taken by EPA in davdoping POTWRatios: In order to determine promulgated at a later data. the proposed regulations. Tha comments whether or not the industrial regulation- For one eubcategory in tha Feedlota fall into two general categories.''those under review meets the BCT test, the industry (duck feedlots) tha Agency pertaining to the overall methodology, ratio for the induatrial subcategory is does not have the necessary data to including the POTW and industrial compared to the POTW ratio. This perform the cost test As a result the calculations; and, those concerning the single POTW ratio is used for all Agency is withdrawing the BAT individual Industry data used. Detailed industrial comparisons. In this review, If limitation for the ducks subcategory responses to the comments regarding tha the Industrial ratio U less than the until further analysis can be performed. individual industry data are presented POTW ratio, then a BCT limitation ia For four Meat industry subcategoriea in Appendix C. and responses to the promulgated at the BAT level. No (meat packing), portions of tile BAT major public comments regarding the further analysis is required. If the limitations not applying in conventional overall mathodology are presented in industrial ratio is greater than the pollutants have been remandsd by the Appendix D. POTW ratio, then the BAT requirements courts. In one of these subcategories, the in conjunction with tha public are determined to be unreasonable and TSS limitations wen also remanded. In comment review, EPA has reevaluated are withdrawn. BCT limitations will be response to this remand, these Its methodology and its data base and promulgated in such cases after further limitatiuns ara currently being reviewed. concluded that certain changes in analysis of alternative, leas stringent In the interim, the Agency ii now approach are appropriate. The more technologies. withdrawing the remaining BAT important modifications in tha 5. Summary ofBetorminadona limitations for 30DJ and TSS. However, methodology used by EPA which arfect limitations for fecal coilfbim and pH in final BCT regulations ire described Table <i summarizes the resulta of the these subcategories an being retained below.___ review, and detailed discussion of the became controls of these pollutants ara (a) POTW Cost and Operational Data. determinations for each industrial the seme at BPT and BAT. la the case of In its initial BCT proposal in developing subcategory ia presented in Appendix C four additional Meat industry the POTW cost comparison figure. EPA Based on this review the Agency has subcategories (meat processing), tha relied on a document entitled "An determined that the BAT control of Agency is conducting a review of tha Analysis of Cost Experience for conventional pollutants for 22 limitations beyond BPT, so BCT is not Wastewater Treatment Plants.'* Since subcategories are reasonable and BCT being promulgated at this lima. The final that time. EPA has published two new for these 22 subcatagnries are being limitations will be promulgated at a documents, "Construction Costs for promulgated as equal to the current BAT later data. Municipal Wastewater Treatment guidelines. Moat of the subcategories Tha two regulations for cane-sugar Plants. 1973-77** sea "Analysis of that have been determined to be refining are currently being reviewed as Operations and Maintenance Costs for reasonable are in the Dairy, Greta Mills, part of a court stipulation. Therefore, tha Municipal Wastewater Treatment and Fruita and Vegetable Industrie*. Agency will not promulgate tha final Systems.** These provide more accurate Thirteen at the suocategory BCT determinations at this time. and up-to-date information on municipal regulations ara judged unreasonable, Spokesmen for tha boat sugar treatment cotta and henca are more and consequently, the Agency will Industry, tha frozen potato processors, appropriate for use in the POTW- withdraw the BaT effluent guidelines and portions of condenssd whey and industry comparisons. EPA announced for conventional pollutants until the condensed milk producers have that it waa considering the use of these A8 154 X4I5460 Fedaral Register / Vol. 44. No. 169 / Wednesday, August 29, 1879 / Rulea and Ragulationa 50735 two documents in a Fedaral Register cost comparison figure based on the In selecting thia narrow increment tha notice of April 2,1979.44 Fed. Rag. Incremental casts and levels of removal Agency is aware that tha parallel in 19214. Appendix B deacribaa in detail associated with tha upgrading of an how the municipal treatment cotta uaed existing POTW from secondary legal requirements for Industry and POTW Is not exact. Industries are in the BCT evaluation to derived from treatment (30 mg/1 BOD. 30 mg/1 TSS] to required to meet BAT, and now BCT. by the documents. Responses to commenta advanced secondary treatment (10 mg/1 on the Aprif2 notice are.included in - BOD. 10 mg/1 TSS). Appendix 0. Although Congress specifically (b) Using a Single. POTW Caet -- required a comparison of tha "cost and Reasonableness Figure. The BCT levels of reduction" of conventional ttandardi are baaed on a comparison of . pollutants from POTWs with those of industry and POTW treatment costs and industry, nowhere In tha Act or its levels of removal, in the proposed legislative history is there specific methodology, industries were compared direction as to how the POTW cost to POTWs having comparable rates of . comparison figure is to be derived. It is flow. Costs for these POTWs ranged clear, however, that tha POTW coats are from 136 to $1.72 per pound of pollutant removed. This approach resulted in some industries with relatively high treatment costs being ludged to have reasonable BAT limitations because they were compared to a POTW with a high cost. Other industries, however, with relatively low costs, were determined to have unreasonable BAT limitations because the POTW they were measured against had low costs. To rectify this inequity. EPA is now employing a single POTW comparisonfigure based on an average size POTW of 2 mgd. This approach will result in a more "economically efficient" solution. Those subcategories that can cheaply achieve stringent limitations will continue to do so. but for those where it is relatively expensive, some relief will be given. Ifte single coat figure approach has the additional advantage of being far easier to apply. A discussion of tha specific calculation of tha POTW figure is contained in Appendix B. (c) The Concentration Test Tha methodology used by EPA in developing the proposed BCT regulations Included a second, "concentration test", that wad applied to any industry regulation which did not pass die BCT test In cases where an industry's effluent had an significantly higher pollutant to provide a benchmark for judging tha "reasonableness" of industry limitations. One appropriate measure of POTW costs is the marginal costs of removal at secondary treatment Although Congress did not state that tha secondary treatment level was significant in determining BCT. it Is the current legal requirement for most POTWs and the level at which the bulk of existing POTWs are now operating. Calculation of tha costs per pound of conventional pollutant removal based on tha increment from secondary to advanced secondary yields the beat approximation of such marginal costs. Although an Increment which narrowly straddles secondary treatment would have been preferable in ^identifying marginal costs, adequats data on such an Increment do not exist. In establishing the POTW cost comparison figure. Congress may also have been concerned with identifying the "knee-of-the-curve" for POTW coats and effluent reduction benefits. The Agency has submitted to Congress analyses which indicate that costs for pollution control to achieve pollutant concentrations lower than 10 mg/1 of BOD and 10 mg/1 of TSS begin to rise sharply in relation to effluent reduction benefits. Essentially, advanced concentration than a POTW. BAT secondary treatment marks the "knee- requirements were retained as BCT. of-the-curve" with respect to POTW This test was uniformly opposed by commenters, who argued that It costs. Use of the secondary to advanced secondary Increment thus effectively discourages water conservation, and is determines the cost per pound to abritrary and one-sided. EPA agrees, achieve this maximum, cost-effective and has decided that the concentration level of control. test will not be used in making BCT Finally, basing the comparison figure determinations. on the cost of a POTW to upgrade from July 1,1984. The comparable requirement for POTWs la achievement of "beat practicable wastewater treatment technology" ("BPWTT'] by July 1.1983. However. BPWTT haa never been precisely defined by EPA. and most POTWs will continue to operate at secondary treatment Nonetheless, Congress haa not modified the obligation of POTWs to achieve more stringent levels. Although concerned with funding of expensive advanced wastewater treatment systems. Congress haa continued to fund construction of POTWs at better than secondary levels. EPA haa judged that funding for construction of POTWs employing advanced secondary treatment is reasonable, and not subject to special intensified review. (e) Calculation of Conventional Pollutant Removal. EPA originally proposed that if BOD5 and oil and grease were both regulated, only the pounds of BODd were to be Included ixr the calculation of the Incremental pounds of conventional pollutants removed. Thia has been modified and * when both an regulated, the pollutant with tha greater amount of removal will be Included in tha calculation. The Agency feels that the total effluent reduction benefits an beat identified by using the pollutant in a given category which haa the gnater amount of removal in the calculation. However, a single pollutant in a category will continue to be used in the calculation because of tha diffloilty of allocating costs of removal between pollutants. Additionally, total phosphorus and chemical oxygen demand were proposed as conventional pollutants, and they were included in the-Agency's proposed BCT methodology. However, the proposal to designate these pollutants as conventional has been withdrawn, and they have been excluded from consideration in thia rulemaking. 7. information Available Copies of the Fedaral Regisfar notice can be obtained, without charge, by contacting: Sandra Jonea. Environmental (d) Calculation ofPOTW Cost secondary to advanced secondary Protection Agency, 401M Street, S.W. Comparison Figure. In its initial treatment roughly parallels the (WH-588), Washington. D.C. 20460. 202- proposal. EPA calculated its POTW cost industrial Increment under 428-2817. comparison figures based- on the consideration. Congress, in establishing The coats and pollutants removal data difference in costs and levels of removal BCT. was concerned about the used in this review are taken from the between a POTW constructed to have reasonableness of the requirement that development documents and economic an effluent of 25 mg/1 of BOD. 25 mg/I of industry progress from BPT to BAT. analyses that were published in the TSS and one constructed to achieve 12 Similarly, focusing on the costs to development of BAT guidelines. Tha mg/1 of BOD and 12 mg/I of TSS. The upgrade existing POTWs beyond documents ore available for public Agency is now calculating the POTW secondary treatment is appropriate. inspection at all EPA regional libraries SSI 80V X 41546 1 58738 Federal Ragfetar / VoL 44, No. 198 / Wednesday, Auguat 29, 1979 / Rules and Regulations and the EPA headquarters library in Washington. D.C. Also, a 20Q page summary of coat and remora! data is open to public inspection at tha above libraries. In consideration of 'ha {ongoing, affected 40 CPS Parts 400-M0 ara hereby amended as sat forth below. Dated; July St, 18T*. Bataa Hhan. Acting Administrator. A 08 X 415462 Federal Register / Vol. 44. No. 169 / Wedneaday. Augut 29,1979 / Rules and Regulations 50737 " XMMMMKM 5 5 3 jiii _.Ll sH xHxxxxxx ,i !! xx >> ; ; II 5 5f S3333I? 333 imuiii iii i i i lli^nilllil1 limil ! n * is'um tXiisiiigzsXitirisd Xt-Xesid dddisiigsd as ill SJ| sjflt xxxxxx xxxxxxxxxx XXXX XXXXX XXX ssjij i! *X XXX XXX i !i[ I ! I I 5*3333* 3 iiiliii i i ni[3l IlTi ?35 m ill l| II 1? i|!lJ,J1ii|liii!ji<! itililiilliHli ! ,I, I1i ,1il1ij1i itii ii ii 111jj j jj g4 tMi axsxtixx'x illilitii] 1 iils lilli tixsasx^xxx iii;rrrr<i isaaj aiai IN. LO 00 o <r i MI 54.63 Federal Register / Vol. 44. No. 169 / Wefaelday, August 29. 1979 / Rules and Regulation* 50747 this subpart after applieslien of the boat availahle technology economically achievable. SIMWMn 4oa Q+mtovnamH**** ****** GOO. tuo i:ft MMMMpRdUCM ooo. qjo aic 2. A new { 427.U7 Is added to the Solvent Recovery Subcategory as reads below: 1437JT Effluent Imitation* guldellnas representing the dsgroe of effluent rMUGOOfl ORMhDM Dy ON lp)M6lliOII Of the beet conventional poEutent control technology. The following limitations establish the quantity or quality of pollutants at pollutant properties, controlled by tide | action, which may be discharged by a point source subject to the provision* of this tubpart after application of the bast conventional pollutant control technology. Ill--w Scr Uee> (UMiiMiieMgirMiUi rsaate so* pH____________ Wtl IM lanqs so o so. (Erpen i*n n'tjDoe * o; m*a* PART 437--ASBESTOS MAMUPACTUMNa POINT SOURCZ CATCQORV me__________ ais "--------------- w j>a. --------------------------------------------------- 40 CFR Subchspter N Part `T ' .r the Aabeetoe Manufacturing V.r s-. ;;o> Category it amended at (i'll t Section 427.83 of the So!-'"-'t Recovery Subcategory ii tmenced to read aa follows: IM7J) Effluent 1MtaUone;.i. store upraeanting the degree of et<!. **>? reduetion attainable by the eoe-aon oi the beateveleble technology wAWMCePy achieved!*. The following limitation* establish the quantity or quality of pollutants or pollutant properties. contrcwu by this section, which may be discnirjad by a point source subject to the provisions of X4I5464 > J X 41 5465 752$ RULES AND REGULATIONS TRt40--Protection of the Environment bestos Products Mamrfactering Industry EPA agrees with this comment, how CHATnTtEoRnc|c--nEoNNVIRaoOeNnMcEyNTAL (September 1873). Both of them docu ever, BODS Is being dropped as a conments were made available to the public tad parameter Cor tbe reasons cited in and circulated to interested persons at the above comment. suaoMmra --imjBorr woocuncs MB STAMOAMOa PART 427--ASBESTOS MANUFACTURING POINT SOURCE CATEGORY approximately the time of publication of the notice of proposed rulemaking. Interested persons were invited to par ticipate In the rulemaking by submitting (3) One oonmenter pointed cut am biguous statements in the Development Document and the preamble to tbe pro posed regulation where the asbestos con On October 30. 1973. notice na pub- written comments within 30 days from tent of suspended sands was discussed. la tile Ptsxsu. Bmnn. (3S PR the date of publication. Fitorpublle par On the one hand, the documents claim 226M) that the Environmental Protec ticipation in the tons of solicited com asbestos may be a large percentage of tion Agency (SPA or Agency' was pro- ments and responses from the States. the suspended solVia and than state that effluent limitations' guidelines tor Federal agencies, and other Interested in general this percentage Is small. --'-'"T sources end standards of per* parties were described In the preamble It is acknowledged that ra erroneous formanee >T|rf pretreatment standards to the proposed regulation. The XPA has conclusion could have been drawn that lor new sources within the eabestos- considered carefully all of the comments all subcategorlaa produce suspended cemant pipe, ssbestoe-cement sheet, as received and a discuss!in of these com solids in process waste water; with a bestos paper (starch binder), asbestos ments with the Agency's response there large percentage of asbestos Abus. This paper (elastomeric binder). asbestos to follows tai this document. conclusion is trie in only five of the Iden millboard. asbestos roofing products, and (s) Summary ot commant*. The fal tified snbeategorlat. m the roofing and floor tils subcategories ol the lowing responded to the request for com floor tile subcategorlec. suspended solids manufacturing category ol ments which wss made In the preamble contain Utile, If any. ashcetos fibers. potn jourco. to the propoeed regulation: Colorado (4) One comment stated that -isbes- The purpoee of this notice Is to estab Dept of Public Health, Michigan Dept, tos-cement pipe plants should have a ro lish final effluent limitations guidelines of Natural Resources, Center for Science discharge requirement for 1977, since for --sources and standards of In the Public Interest, the Mead Corpora same multi-product plants as parfmance sad pretreatment stand- tion. Armstrong Cork Company, Dept, bestos-cement pipe already have no dis aide for new aourcee in the asbestos of Health. Education and Welfare. Coun charge. Allowing pipe plants to have a mranfaeturing catagory of point sources, ty Sanitation Districts at Los Angeles discharge win encourage the construc by emending 40 CFS Chapter I. Sub- County, Johns-ManrtUe Corporation, the tion of single product, asbestos-cement chapter N, to add a new Part 427. This Fllutkot* Company, rad the Effluent pipe plants. float rulemaking la promulgated pur Standards and Water Quality Informa EPA baa determined that thetechnol suant to sections 301. 304 (b) snd (c), tion Advisory Committee. ogy is not available to allow tne setting 300 (b) and (c)fl and 307(c) of the Each of the comments received was of a no discharge limitation for 1977 or Federal water Pollution control Act. as carefully reviewed rad analysed. The for new sources In tbe asbestos-cement iwHnt, (the Act); 33 U.S.C. 1251.1311. following is a summary et the significant pipe suhcatsgmy. However, there are 1314 ib )and (c). ISIS (b) and (e). rad commsnis rad ZPA's response to those many Incentives for the construction of 1317(e); 80 Stab 016 et seq.: Pub. L. comments. multlproduct plants These Incentives In 32-soo. Regulations regarding cooling a) A commenter was concerned that clude substantial savings from decreased water intake structure* for all categories the limitations could be interpreted as water consumption, raw water and waste of point sources under section 318(b) gross values without consideration of pol water treatment, land use, und monitor of the Act will be promulgated in 40 CFR lutants in incoming waters This com ing requirements. 8uch built in Incen 403. ment applies In general to SODi and tives will not be Ignored by industry. In the SPA Is simultaneously COD limitations for most it toe sub (5)- Another comment argued that the proposing a separate provision which ap categories. existence of one or two plants m a sub- pears in the proposed rules section of The limitations on 2QD ana COD have category with no discharge was sufficient the Ftocui Rzoistxx. stating the appU- been reevaluated. The above g unment Is basts to set a no discharge limitation (or Catl0H Of *** HwiltflMnng +s\t] 4tlSdiTtfl significant In afl subcatsgonrs with a that snbeategory. A specific case men set forth below to users of publicly owned BOD or CCD limitation. In tr.- ubeetos- tioned was tbe asbestos paper (starch treatment works which are subject to cement pipe and asbestoc-vei&snt sheet binder) snbeategory. pretreahnent standards under section subcstegcries, the small identities of The experience at the one piar.t which 307(b) of the Act. The basis of that pro BOD added by the prosees 2c not war Is apparently achieving no discharge has posed regulation Is set forth In the asm- rant a limitation, m the paper subcate- not been sufficiently documented or dated notice of proposed rulemaking. gorlee, BOD la Incldently removed by the been continuous for a substantial pe The legal basis, methodology and fac beet practicable control technology cur riod of time to Justify applying the tech tual conclusions which support promul rently available (sedtanectaticn). If the nology to all other plants In this subcate- gation of this regulation were sat forth In suspended solids are controlled to the gg- gory by 1977 accordingly. It Is the opin substantial detail in the notice of public tent required by the limitations, BOD ion at EPA that this technology would review proceduzee published August 8, concentrations win also oe reduced. not qualify as best practicable control 1973 (38 PR 31202) and In the notice Therefore, the BODS limitation has been technology currently available as defined of proposed rulemaking for the asbestos- eliminated from these v-jx-acesorles. In by tbe Act. cement pipe, asbestos-cement sheet, as the roofing and floor tile subcateroglas. vf) A question was raised during the bestos paper (starch Under), asbestos COD must be retained as a significant comment period concerning the applica paper (elastomeric binder), asbestos control parameter. The raw water enter- tion of best available technology eco millboard, asbestos roofing products, and lug otoccsm Mr contain dcnifieaat nomically achievable to some ot the new asbestos floor tile sobcategorlee. In ad amounts of COD It Is the Intent ot the source performance standards. Ths eom- dition. the regulations as proposed were Agency that the limitations in tfassa sub- mrater claimed that new plants should supported by two other documents: (1) the riodunsnt entitled "Development Document for Proposed Effluent Limita tions OntrtsHnaa and New Source Per formance Standard* for the Building. Construction and Paper Segment of the Asbestos Manufacturing point Source categorise be considered as net values over water entering the process. This Is accomplished by the special d<wiiiw<m for COD In the roofing and floor tile tnTitjtirorlM. (3) Comments were received objecting to the use of the BODS parameter when use beet practicable control technology currently available. In the eaae of tbe asbastoe paper, asbetioa-oaount sheet, and aebeetos roofing snhcglwgcrlae. the technology does exist for total recycle as proven by a few plants Catcguij" (October 1973) rad '2> the COD and/or TOC woeld be a man ac in each soboategory. At mentioned to the document entitled "lCoonomle Analysis curate measure of tba organic matter In prtvlone *, thsee few plants wer of Proposed Effluent Quiddines, the As waste waters from this Industry. not suffietai to set a no discharge using FIDH/U. UOISTK, VOL IV, MO. 3 it, If74 X41 5466 RULES AND REGULATIONS 7527 boat practicable control technology cur- (S) Section 304(b) (1) (B) of the Act represent a relatively small percentage rentiy available as ta*waH by th* Act. a provide* lor "guidelines" to Implement at the total capital Investment In the more stringent 1Imitation tor new ioareaa the uniform national standards at sec Industry. U deemed feasible dim they ban afldl- tion 301(b)(1)(A). Thus Congress rec (s) Solid (easts control. Solid waste WiwHMiiM-- to opthnia* In-process ognised that soma flexibility was neces eoatrol must be considered. Ths water- controls aad end-of-Iln* pollution con* sary in order to tax* Into account tb* boms wastes from ths asbestos Industry trol measures. complexity of the industrial world with may nontain a considerable volume of (?) A question was ralaad with reapaet respect to the practicability of pollution asbastoa particles as a part of the sus to the loads far different ratios of-dally oontrol technology. In conformity with pended solids pollutant. Best practicable to wiewthiy Umltatlona employed- in the the Congressional intent and In recogni control technology aad bast available various subeategoriea. tion of tils possible failure of those regu control technology os they are known These numbers were baaed on the data lations to account for all factors bear today, require disposal of the pollutants available oo raw waste loads and treat* ing on the practicability of control tech control technology as they are known ment .m<iwHe ami the fluctuations nology, it was concluded that some pro removed from waste waters In this In normally experienced In each subcate vision was needed to authorise flexibility dustry in ths form of solid wastes and gory. The manufacturing of asbestos- tntha strict application of the limita liquid concentrates. In soma cases these cement products produced greater tions contained In the regulation where are nonhat*rriojj substances requiring fluctuation*-In raw loads than the other required by special circumstances appli only minimal custodial cars. However, subeategorles. The regulations therefore cable to individual discharger*. Accord some constituents may be hazardous and reflect this finding, the ratio at dally ingly. a provision allowing flexibility In may require special consideration. In mevinwim to monthly average Umltatlona the application of the limitations repre order to ensure long term protection of are higher for the asbestos-cement pipe senting best practicable control tech the environment from these hazardous or and asbestos-cement sheet subcategories nology currently available has been harmful constituents, spectel considera than the other jubcategorlee with allow- - added to- each subpait. to account for tion of disposal site* must be mads. All able dischargee. (b) Revision* of the proposed regula tions prior to promulgation. As a result of pubUo comments, continuing review and evaluation of the proposed regulation by SPA. the following changes have been made In the regulation. (1) Sections 437.21, 437.31, 437.41, 437.31, 437.61, and 437.71 entitled "Spe cialised Definitions" now Include refer ence* to general definitions and methods of analysis In 40 CPR 401 which reduces the need for some specialised definitions Is this regulation. (2) The BOD3 Umltatlona In the asbes tos-cement ptpe. ssbestos-oement sheet, asbestos paper (starch Under) and as bestos paper (elastomeric binder) subcategodee have been eliminated. In the asbestos-cement subeategorles, the low levels of BODJ do not warrant a limita tion. The Incoming water often con tains equal or greater amounts of BOD5 than the limitation*. In the paper sub categories. the BOD5 Is present aa starch which la removed by settling. The effi ciency of treatment la more accu rately measured by the suspended solids parameter. special circumstances that may not have landfill sites where such haxardous been adequately accounted for when wastes are disposed should be selected so these regulations were developed. a* to prevent horizontal and vertical mi (c) Economic impact. The changes to gration of these contaminants to ground the regulations mentioned above will not or surface waters. In cases where geo affect the results of the economic analysis logic conditions may not reasonably en prepared for the proposed regulation. sure this, adequate precautions (e.g.. (d) Cost-benefit analysis. The detri Impervious liners) should be taken to en-j mental effects of tbs constituents of sure long term protection to the environ * waste waters now discharged by point ment from hazardous materials. Where sources within the building, construction appropriate the location of solid haxard- end paper segment of the asbestos manu oo* materials disposal sites should bn. facturing point source category are dis permanently recorded In the appropriate cussed In Section VI of the report en office of the legal lursdlctlon In which the titled "Development Document for afflu site is located. ent Limitations Guidelines for the (f) Publication of information on Building. Construction ind Paper Seg processes, procedures, or operating ment of the Asbestos Manufacturing method* which result in the elimination Point Source Category" (February 1974). or reduction of ths discharge of pollut It Is not feasible to quantify in economic ant*. In conformance with the require terms, particularly on a national basis, ments of section 304(c), a manual en the costs resulting from the discharge of titled. "Development Document for Efflu these pollutants to our Nation's water ent I.Imitations Guidelines and New ways. Nevertheless, as Indicated In Sec Source PerfniTwaiw Standards for the tion VI. the pollutants discharged have Building. Construction and Paper Seg substantial and damaging Impacts on the ment of the Asbestos Manufacturing quality of water and therefore on Its Point Source Category," has been pub- capacity to support healthy populations Ushed and Is available for purchase from of wildlife, floli aM othtr uuAUe wild- the Government Printing Office, Wash- Ufa and on Its suitability for Industrial, lagton, D.C. 30401, for a nominal fee. r-\ CO ___ (3) The COD limitations In the roofing and floor tile subeategorles hare been retained. However, these limitations can not be used ae grass figures due to the presence at relatively high COD values In Incoming waters. The regulations aa pro mulgated far these sabcategories define COD aa the COD added to the process waste -waters. (4) The preamble to the proposed reg recreational and drinking water supply use*. Ths total cost of impfr.mwntiwg the tfusnt limitations guidelines includes ths direct capital and operating costs of ths pollution oontrol technology em ployed to achieve compliance and the Indirect economic and environmental costs Identified in Section vm end in ths supplementary report entitled "Eco (() Final rulemaking. In consider*- . tion of the foregoing, 40 CPR chapter I. a'~' Subchapter N Is hereby amended by O adding a new Part 427, Asbestos Manu- , lecturing Point Source Category, to read ^ ' as set forth below. This final regulation is promulgated sa set forth below and shall be effective April 29, 1974. Dated: February 13,1974. ulations recommended that solid waste* nomic Analysis of Proposed Effluent JoraQuuus. from all suboategorlea should be dis Guidelines the Asbestos Products Man Acting Administrator. posed of so a* to prevent berlaontal or ufacturing industry" (September 1973). vertical migration of asbastoa fibers. Aa Implementing the effluent limitations explained above In the comment section, not all subcategorlM produce a soUd guidelines will substantially reduce the environmental harm which would other PART 427--ASBESTOS MANUFACTURING POINT SOURCE CATEGORY watt* with a significant amount of ta wise be attributable to ths continued dis gubpsi* 1 *.basts. Clmwit Bps iulm(giiy bestos fibers. Therefore, In the preamble charge of polluted waste waters from Sh. to tb* proposed regulation, the discus sion of solid waste control In the "Nonwater quality Aspects'1 section should not be oonsldarsd to be applicable to solid waste generated by the waste water treatment processes from the roofing and existing and newly constructed plants In the asbestos manufacturing Industry. The Agency believes that the benefits of thus reducing the pollutants discharged justify tfaa associated costa which, 07-10 Applicability; description at tbo aabeWos-cstnent pips subcatigoty. 437.11 Specialised daAnitiona. 437.13 Xfflusnt limitation* gutdollosa repre- .sotlBg tbs degree at affluent re duction sttelnsMe by the appUoaUon at tb* beet practicable oon- floor tils subcategories. though substantial in absolute terms. trot technology currently svaHable, teOBLAt UOISTU. VOC 3*, NO. 34--TVIIWAT, fOXUAlY 14. W4 728 RULES AND REGULATIONS 8m. 427-14 Effluent limitations guideline* rip- reosuttng M .im of effluent raduoteoa tiWinMt br tbs spp[Ha tton of tha MM available teenmiiogy economically achievable. See. 477.54 13746 4374b Beamed. Standards of performance for ace omasa. PHlristnuiH Mandat'd* for naw sources. 'imitations should be adjusted .or cer tain plants In this Industry, .to Individ ual discharger or other interested persor. may submit evidence to the Regional Administrator (or to the EUtc. if the 431.14 [Bmntlf 437.15 Btandaetta af performance tor now Bebaaitr tableau Pln>it SuScetagscr State has the authority to issue N7DFS permits) toot factors -dating to the MOOH. 2715 ?ntn>auni standards (or nrw sources. tiitprit I I te sates CnnnU Ibest SuHcategsiy 437.50 437.51 437.53 appUoaMhty: maeetptloo of tha as bestos roofing products subcetegtey. JparlalInert <----T Zffuant Uautettens guldsUoas rep equipment or facilities involved-the proc ess applied, or other such factors related to such discharger are xuudamentally different from the factors considered in 43740 Applicability; daecriptlon of tha *- resenting tha leans of rffluant re the establishment of the guidelines. Cn betas ooaant chart subcategery. duction itteftiatili by tha applica the basis of ruch evidence nr other avail 43741 Bpeciaitaed rttinltVuis. 43743 Kffluaut limitation a guldtlhu* rtpre- ssnttnq thr duni of affluentre duction astelnsMe by thr applica tion of thr brat practicable con trol technology currently available. 43743 Effluent limitations guidelines rap- 437.53 tion of the hast practloabla oontrol technology Bumncy available. Effluent IbaltatJcns guideLioee rep- raeenttng the degree of effluent re duction eftelnahlr by im applica tion of tha beat available tech nology economically aehlavabla. able Information, the Pegionai Adminis trator 'or the State) will make a wrii'en finding that such factors are or are not fundamentally different for that facility comDared to tlioae specified In the De velopment Document. If such funda wanting tha iipn of effluent re 437.54 IBeearved) mentally different fictors are found to duction attainable by the applloa- 437.56 Standards of performance tor new exist, the Regional Administrator or the 43734 42746 43736 tlon of thr brat aTallablr tech nology aennntntoally achievable. [Beaecved] Standards of performance' tar new aouroaa. Prrtmatmrnt standards for aew sowoaa. 437.66 PraiTiatimat ltandirda for new aouioea. impart*! IMettea FteerTPe lebeetegery 437.70 AppUoahlllty; rtearrlptlnn of the aa- State shall establish for tne discharger effluent limitations in the NPDES permit either more or less stringent than the limitations established herein, to the ex tant dictated by such fundamentally dif aouroaa. besaoo floor taa anbeatagory. ferent factors. Such limitations must be tabpart C Satiates Papar (Starch Under) luStatsgeiy 437.71 Spanishled ibiaimm approved by the Administrator of the 437.73 Effluent UiuitaMrna guldeltnea rep- Environmental Protection Agency. The 43730 43741 43743 43744 Applicability: ilaamrtptlon of tha aabaatoa paper (atareb binder) cub- oatefory. OpaotaUaad daHaitians. Xfiuent limitations guidelines rep resenting tha dagTas of affluent nduetton attainable by the appUoa- tlon of tha baat practloabla oontrol technology eurraatly areliable. Effluent limitations guidelines repre senting tha dagraa of affluent re duction attainable by tha applica tion of tha baat available tech nology economically aehlenbla. wanting tha degree of affluent re duction ettafflahie by the applies- tens of the beat pacttaeMa oontrol technology amaanaiy avallabla. 437.73 Effluent UrnltetUute guidelines rep resenting an degree of effluent re- duotton r~i| liable by tha applica tion of tha Bass available tech nology acnwatn.-aUy aehlavabla. 437.74 |Baaarred| 437.75 Standards of prrformaaoa tor new ourcaa. 437.76 rratraarman: standards for new ouxoee. Administrator may approve or disap prove such I Imitations, specily other limitations, or Initiate proceedings m re vise these regulations. <b> The following limitation* establish the quantity or quality of pollutants or pollutant properties, cantrotloS by this section, which may be discharged by a point source subject to the provisions of this subpart altar application ot the best practicable control technology currently available: 43744 43745 437J5 [huaanartl Standard! of performance for new souruea. Pratreatment etandarda far new aouroaa. Subpart A--Aaoaetot-Cement Pipe Subesieqpry 9 427.10 AppUeabtllty *. description of the aahmtoa irrut pipe tubcategory. Eftutfit chmnetfflrtMte XSrunt ttmiutionii irniCiifuii* liuLmm far ntM far 33 toy 1 dkT MMaUv*4ftV3 Subpart P ttesstes Paper (Paetemsrtc Under) Subcatagary 437.40 437.41 437.43 Applicability^ daaorlption of the aabaacoa paper (elastomeric binder) aubcatagory. BpaqtaUaad definitions. Effluent limitations guidelines rep Tha provtskm* of nils tubpaxt in appllcnbla to diaehsrgm rvnultlng from the process In which uoettos. Portland cement, sillcn tad other ingredients era used In the Di*nuf-;iuring of ubestos- eecnent pipe. Ufttrte units Ctc/Uf of 'HCdiri i 14? 0.10 pH................. .. Within Um mci (.9 to v.u. EofUbh aulte oi jKT'lun 437.43 437 44 437.46 437.46 resenting the degree of effluent re duction attainable by tha applica tion of tha beat practicable oontrol technology eurraatly available. Effluent Limitation* guidelines rep resenting the degree of affluent reduction attainable by tha appli cation of tha baat available tech nology economically achteeabla. [Beamed) Standards of performance tor new aouroai. Piinaalmant standards for new aouiess. Sukfort E--AeSeetac MUbeord Suhcatogety 43740 Applicability, description of tha *- bastes millboard aubcatagory. 43741 Specialload definitions. 1427.11 Specialised definilion*. Tor the purpose of this subpart: 4 a) Except u provided below, the gen eral daftnitloos, abbrevatioRs and methods of analysis set forth in 40 CFR 401 shall appl7 to this subpart. | 427.12 Effluent limitalione guideline* representing tha degree of effluent rednedon attainable by ihe applieslieei af tbe brat practicable control Itdiaitlegy runeeiUy available. (a) In tsubUshmg the limitations set forth in this section. EPA took into ac count all information it was able to col lect. dev*!op and solicit with resoect to 7S2*.................. l.H XA> ..................... ,.. WUhln the rtnjt 10 to ?.U 5 427.13 Effluent limitation* guideline* representing die degree of effluent reduction attainable by ilie appliesliuw of the best available teriuiulagr wiuwsmivally achievable. T:e relieving limitations establish tlie aux.'.r.y or quality of pollutants or po'lut&r.u properties which may be dlscharted cy a point source subject to the provisions of thu suopart after apolicayon of the best available technology economically achievable: there shall be 437.52 437.53 Effluent limitations gutdaUnes rep resenting the degree of effluent re duction attainable by the appllnatloo-of tha bast practicable control technology currently avallabla. Effluent Umltatioea guldaUnM repre senting tbe degree of effluent re duction attainable by the applica tion of the beet available tech factors men is age and rize of plant, raw materials, manufacturing processes, products produced, treatment technology available, energy requirements and costs > which car. affect the industry rubcate- gorigation and effluent levels established. It la. however, possible that data which would affeet theee limitations have not no discharge of process waste water pollutants to navigable wateis. S 427.14 iReserved) 3 427.13 Standards of performum-e fur new sources. The following standards of perform nology eeonomleally achievable. been available and. as a result, these ance establish tbe quantity or fluidity of ^8 ; 6 ;FfDSJtAl IWIJTR, VOL 31. NO. 3*--'TjeSOAT AuA4y X4I5A6B RULES AND REGULATIONS 7529 pollutants or pollutant properties, con* lect, develop and solicit with respect to discharge of process waste water pollut trolled by this section, which may be dis factors (such as aga and dxa of plant, ants to navigable waters. charged by a new source subject to the provisions of this subpart: raw materials, manufacturing processes, products produced, treatment technology 9 427.24 [Raaerved] FflUCQt cbkntcUrUOffl Iflwni Umttatidaa Mffldnua Jar lwTwahnw<Jldor>Ur any l day ti\--uotly doyi ihU sob Mid-- Metrto units Orc/fckt of product) TS8...................... as7 a i9 pH........................ WUbiQ Um raiifo b-0 to 9.IX CngUoh aniu 0b/ton of product) TSS...................... ih as pH..............-....... WUbJa ibo rtitfa A.0 to U.O. available, energy requirements and costa) which can affect the industry subcatsgorlzatlon and effluent levels established. It is. however, possible that data which would affect these limitations have not been available and. aa a result, these limitations should be adjusted for certain plants In this industry. An Individual dis charger or other Interested person may submit evidence to the Regional Admin istrator (or to the Sate. If the State has the authority to Issue NPDES permits) that factors relating to the equipment or facilities Involved, the process applied, 9 427.25 Standards of performance for new source*. The following standards of perform ance establish the quantity or quality of poUutants or pollutant properties which may be discharged by a new source sub ject to tha provisions of this subpart: there shall be no discharge of process waste waters pollutants to navigable waters. 427.26 Pretrcalment standards for now sources. The pretreatment standards under sec 427.16 Pietiestmeat new sources. standards for or other such factors related to such discharger are fundamentally different tion 307(c) of the Act for a source within the asbestos-cement sheet subcategory, from the factors considered In the estab which la a user of a publicly owned treat The pretreatment standards under sec lishment of the guidelines. On the basis of ment works (and which would be a new tion 307(c) of the Act for a source within such evidence or other available informa- source subject to section 308 of the Act. the asbestos-cement pipe subcategory, - tlon, the Regional Administrator (or the if It were to discharge poUutants to the which Is a user of a publicly owned treat ment works (and which would be a new source subject to section 306 of the Act. if It were to discharge pollutants to the navigable waters), shall be the stand ard set forth in 40 CFR 128. except that. for the purpose of this section. 40 CFR 128.133 shall be amended to reed es follows: In -HHitinw to the prohibitions sat forth in 40 CFR 138.131. tha pratieatment standard for Incompatible pollutants Introduced Into a publicly owned treatment works shall ba the standard of performance for new sources specified in 40 CFR 437.1S: FronUUd, That. If the pubUcly owned treatment works which racelves'the pollutants la committed. In IU NPDES permit, to remove a specified percentage of any incompatible pollutant, the pretreatment standard applicable to users of such treatment works shall, except la the case of standards providing for no discharge of poUutants. be correspondingly reduced in stringency for that pollutant. Subpart B--AsbeatowCament Sheaf Subcatagory | 127.20 Applicability; description of State) will make a written finding that such factors are or are not fundamen tally different for that facility compared to those specified in the Development Document. If such fundamentally differ ent factors are found to exist, the Re gional Administrator or the State shall establish for the discharger effluent limi tations in the NPDES permit either mors or leu stringent than the limitstlons established herein, to the extent dictated by such fundamentally different factors. Such limitations must be approved by the Administrator of the Environmental Protection Agency. The Administrator may approve or disapprove such limita tions, specify other limitations, or initiate proceedings to revise these regulations. ib) The foliowing limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best practicable control technology currently available: navigable waters). shall be the standard set forth In 40 CFR 128. except that, for the purpose of this section. 40 CFR 128.133 shall be amended to read as follows: In addition to tha prohibitions aet forth In 40 CFR 138.131. tea pratnatmant standard (or inoompatlbla pollutants introduced intis a publicly ownad treatment works shall bw tha standard of performaaca (or naw sources specified m 40 CFR 437.23; Provided. That. If the publicly owned treatment works which receives the pollutants la committed. In lt^ NPDES permit, to remove a specified percent age of any incompatible pollutant, tha pretreatment standard appUcabla to user* of such treatment works shall, aacept In the earn of standards providing for no discharge of pollutants, be correspondingly reduced in stringency far that pollutant. Subpart C--Asbestos Piper (Starch Binder) Subcategory 3 427.30 Applicability; description of the asbestos paper (starch binder) subealegory. The provisions of this subpart are ap plicable to discharges resulting from the the aebeetoe-cenwnt >lil subcalepory. The provisions of this subpart are ap plicable to discharges resulting from the process In which asbestos. Portland ce ment. silica, and other Ingredients are used In tha manufacturing of asbestoscement sheets. Discharges resulting from manufacture of asbestos-cement sheet laboratory tops are specifically excluded from the provisions of this subpart 427.21 Specialised definitions. For the purpose of this subpart: (a) Except as provided below, the gen eral definitions, abbreviations and methods of analysis set forth In 40 CFR 401 sliall apply to this subpart. S 427.22 Effluent limitations guideline* representing die degree of effluent reduction attainable by the applica tion of tha best practicable control FfRivnl cHarw*i*fuiUe F fluent limitation* Averoto ol dully Maximum tor ralno s foe 30 ay 1 Sit ronssenllvs dan lull not ma-- Hstrie anlta (kgAkg of pradnrt) tss...................... aw oia pll........................ WllUa the ran*a SO Is aa Eagllsh units (IbAon ol product) TM...................... 1.41 a<s pit........................Wllhlit the r*ng*a0 to 9.0. 9 427.23 Effluent limitations guidelines representing the degree of effluent reduction attainable by the applica tion of the best available technology economically achievable. The following limitations establish the quantity or quality of poUutants or pollutant properties which may be dis process In which asbestos, starch binders and other Ingredients are used in the manufacture of asbestos paper (starch binder). | 427.31 Specialised definitions. For the purpose of this subpart: (a> Except as provided below, the gen eral definitions, abbreviations and meth ods of analysis set forth In 40 CFR Part 401 shall apply to this subpart. 3 427-32 Effluent limitations guideline* repreeemlng ibe degree of effluent reduction attainable by the applica tion of die beet practicable control technology carnally available. <a) In etab!tshmg the limitations set forth In this section, EPA took Into ac count all Information It waa able to col lect. develop and solicit with respect to factors (such as tgs and size of plant, raw materials, manufacturing processes, technology currently available. charged by a point source subject to the products produced, treatment technology (a) In establishing the limitations set provisions of this subpart after applica available, energy requirements and costs) forth In this section, EPA took into ac tion of the best available technology ec which cam affect the industry subcate count all Information It was able to col onomically achievable: there shall be no gorization and effluent levels established. 9190V Cg FtDftAL IICISTU. VQL. 3*. NO. 34--TUISOAT. FEStUAtY 2*. 1*7* X415469 7530 XUIES AMO REGULATIONS It Is, however, posable that <UU which pollutants or point*at properties which Administrator (or to the Sta.e. if (he would Affect these limitations have not may be discharged hr a new source sub State has the authority to issue riVDES been available ami, as a mult, those lim ject to the provlrinrn of this subpart: permits) that factors relating to the itations should be adjusted Tar certain there shall be no dhchaigs of process equipment or facilities Involved the Plants In this. industry. An Individual waste water poDotoots to navigable process applied, or other such farters re discharger or ether Interested person may submit evidence to the Regional Admlnirhaior (nr to the State, IT the State has the authority to Issue NPDES per mits) that factors relating to the equip ment or facilities involved, the process applied, or ether inch factors related to sueh discharger am fundamentally dif ferent from the factors considered in the establishment of the guidelines. On the beets of such evidence or other available information, the Regional Administrator (or the State) win make a written find ing that such factors are or are not fun damentally different for that facility compand to tboee specified in the De velopment Document. If sueh fundamen tally different factors are found to exist, the Regional Administrator or the State shall establish for the discharger efflu ent limitations In the HEDGES permit ei ther mots or lem stringent than the iimftattoos established heroin, to extant dictated by such fundamentally different factors. Such limitations must be ap proved by the Administrator at the En vironmental Protection Agency. Hu Ad ministrator may approve or disapprove such UmlteUana, specify other "(- tlans, or Initiate proceedings to revise these regulations. waters. S 47736 Prr.lTwumwe Unbrili for new merere Th. r.Tr~.w--wwft-r sprtlon 307(c) of the Act far a source within the asbestos paper (starch binder) subcategory. which te a wear of a publicly owned treatment weeks (and which would be a new sens subject to section 30* of the Act, It It were to discharge pollutants to the nntgable waters). shall be the standard ast forth m 40 CE Part 128. except that, ft* tte porpoee of this section. 40 Cm in US shall be amended to read as follows: la addition to that pmhlbltluua sst forth In 40 u Ittlli. to pmtosatoMot stead ied tar taooBspaUhto paOMnnte Introduced lata a publicly owned atotonsat works shsU ba tha standard at ftoiimtui tor new KWM epentlted to eg cm UTSS: provided, Thai. 11 tha poMUty waned saatmaat works wtUoh raoslvaa tha patotones ja committed, in its MFDB p--a to saaovo a macIliad paroaataea at aay towpahU pollutant, tha prvtrcetment etandeid applicable to uaara at sooh tnatato vuu aball. exoopt In tha earn at stantonto 'jcovidiBg far no dlsehaecs at pnllidaoto V vomapontflngly raduoad la atarlagaaey tor :.*u pollutant. Subpart D--Oabeetoa^EipeT (Baatomaric lated to such discharger are fundamen tally different from the factors consid ered In the establishment of the guide lines. On the basis of such evidence or other available information, the Regional Administrator (or the State; will make a written finding that sueh factors are or are not fundamentally different for that facility compared to thou specified in the Development Document. If such fundamentally different factum are found to exist, the Regional Administra tor or the State shall establish for the discharger effluent limitations In the NFDE8 permit either more or less strin gent than the limitations established herein, to the extent dictated by such fundamentally different factors. Such limitations must be approved by the Ad ministrator of tha Environmental Protec tion Agency. Hm Administrator may ap prove or disapprove such limitations, specify other limitations, or Initiate proceedings to revise these regulations. (b) Hie following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the pgorlakms of this subpart after application at the best practicable control technology currently (b> HU following limitations estab lish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may he discharged by a point source subject to the provisions of this subpart altar application of the bast practicable emtrol technology currently 8 477.40 AapUeab&rv. WvacripUoa ot tha asbestos par-<v (elastomeric binder) nhalipr.. Hie provisions ad etas <ubpert an ap plicable to discharge rs-ulttag from the Available: cturaettiUaa XMomt IfniutioM tgg Amin offelly itta lot K toy 1 day aoecaaottaa din iBafi aos ueaad avsllaUa: proeess In which asbsetos. elastromerio binder, and other lagcrdenu are used In MttlE aorta (bi/fc'si ^ product' XflW RtfflrwCariatf* tUnn Hutittoe Ucdfflon lot my 1 day iyancaofdallr Rtam ta n flouartii din ihail not i--d the manufacture of sice5ics paper (elastRtHfrie binder). 427*41 SprriaB--itd*Gmtiocu. For the porpoaa of ujs subpart: (a) Except as provided below, the TS8........................... til 9U pH............................. Within the mnea 1*0 to fcu XagSafe oM (Jb^oo M raodoet) T38................ .......-- 1.10 an pH...... ................... ... VWa tha (u|t ' t o Maoris units (kpktf df product) general definition*. ichrevlatlons and Tb................... O.JO OlU pH......... .............. Within tha mnf* 4.0 it tt.0 methods of analyto-- forth in 40 CFR ( 477.43 Effluent limitations guideline! 401 ahall apply to c.-.!-;. ubpart. rrprriratles the degree *( effluent XbcH** ortta (IhAan of prodooO T8S____________ L10 470 p3~--.............. WHSletb* rant* M tot.* S 4S7JS Kfflactto Hmlmioni guideline* i spvssiiallng the digest ml affluent redaction attainable by ibe appliesdon el the beet available technology economically achievable. The foliowin* limitation* establish the quantity or quality of pollutants or pollutant properties which may be dis charged by point source subject to the provisions of this subpart alter appli cation at the best avsOaJbte technology economically achievable: there shall be no discharge of process wests wster pol lutants to navigable waters. 8 +27.43 Effint oiiene guidelines repnMatoi vm of effluent redaction sttna. lw by lha applica tion at tha imiinUa control technology -urr- > r-ajlable. (a) In establish ir.; :mutations set forth in this sectiur. .1 took into ac count all informant. : - t-as able to col lect, develop and a. - wT-h respect to factors (such as a,'? .v, :rr of plant, raw materials, mer.v.---.-irxp processes, products produced.'.r^c.riecc echnology available, energy reoux-mencs and costs) which can affect :i:.* industry subcategoriiaUort and eSuer.. levels established. It is, however, poa-hie that data which would affect ih lieurations have not rednetiow attainable by the applica tion of Ibe boot available technology economically achievable. The following limitations establish the quantity or quality of pollutants or pollutant properties which may be dis charged by a point tourea sublect to the provisions of this subpart after applica tion of the best available technology eco nomically achievable: there shall be no discharge of process waste wster pollut ants to navigable waters, s 477.4* [ReerTTcdl (477.45 Standards of perfurman. ,- f ir new KHuert. Hie following standards of perform S 427.34 [Reserved] 42735 Standards of performance for The following standards of perform ance establish the quantity or quality of been available and. vi a result, these IhmtaOons should be adjusted for cer tain dants In this Industry. An Indi vidual discharger or other Interested per son may submit evidence to the Regional ance establish the quantity or quality of pollutant* or pollutant properties, con trolled by this section, which may be dis charged by a new source subject m the provisions of this subport: FEOftM uqirru. VOC. 31, NO. 3? 1*. 1*74 3 2f<15470 RULES AND REGULATIONS 7331 IfiSBt UrnttMtOM a Is, however, poeslble that data which within the ssbestoe millboard subcatewould affect theee umttHon. have oat gory, which Is a user of a publicly owned uhwwunede Katana lw A3Sk?afT been available and. as a result, these treatment works (and which would be **,"ur r aKssyr limitations should be adjusted for cer tain plants in this industry. An individ a new sour* subject to ssctioa 309 of the Act, if it were to discharge pollutants ual discharger or other interested person to the navigable waters), shan be the lfaUia arils (ksAkctipraduat) . may submit evidence to the Regional Ad standard set forth In 40 CFR 129, except TSi___________ TSS___________ pH------------------ 1J* Its -- Within tha not* 4A ca.OS units Obrtoe of product) L10 &T0 VttMa Um noi 6.0 to 0 ministrator (or to the State, if the State has the authority to issue NFDSS per mits) that factors relating to the equip ment or facilities involved, the process applied, or other such factors related to such discharger ere fundamentally dif that, for the purpose of this section. 40 CFR 129.133 shall be amended to read os follows: la sedition ta the prohibitions sat forth la 40 CPS 13S.1S1. tha pretnatment stand ard for incompatible pollutants Introduced ferent from the factors considered in the Into s publicly owned treatment worts than 1427.46 PntnatmsfM utanAania for establishment of the guidelines. On the bs th* standard of parfonaane* for nsw new iommi. Thu prefaeatmsnt standards under secUon 307(e) at the Act lor a source with in the asbestos paper (elastomerio binder) subcategory. which le a uaer at a publicly owned, treatment works (and which would be a new source subject to section 309 of the Act. 17 It were to dis charge pollutants to the navigable waters). **n be the standard set forth in 40 C7R Part 133. except that, for the purpose of this section. 40 CFR 129.133 hen be amended to read as follows: la to the prohibitions Mt forth la 40 cm ueasi. the pretraatuunt stand ard for lnoampautua pollutants Introduced into a publicly owned treatment worka shall be the standard of performance tor now basis of such evidence or other available Information, the Regional Administrator (or the Stabs) will make a written find ing that such factors are or are not fundamentally different foa that facility oompared to theee specified In the De velopment Document If such funda mentally different factors are found to exist the Regional Administrator or the State shall establish for the discharger effluent limitations In the NPDES permit either more or less stringent than the established herein, to the ex tent dictated by such fundamentally dif ferent factors. Such limitations must be approved by the Administrator of the Environmental Protection Agency. The Administrator may approve or disap ourese apaelfisd la 40 CFB 427.S8: Prosidad. That, u th* publicly owned tnatmsnt works srblch receives th* pollutants la committed, la Its NTOSfi permit, to rsmov* a specified percentage of any incompatible poUutant. the precreatmsnt standard applicable to users of aueh treatment works shall, axoapt m th* case of standards providing for no discharge of poUutaata, bo correspondingly reduced in itringsncy for that poUutant. Subpart f--Asbestos Roofing Subcategory | 427.60 Applicability i description of the asbestos roofing aubcatcgory. The provisions ol this subpart on ap plicable to discharges resulting from the process in which asbestos paper is satu rated with asphalt or coal tar with thet subsequent application of various nirfaco " sources spedflad In 40 CFB 437.40: Prodded, prove such limitations, specify other treatments to produce ssbestoe roofing That. If the publicly owned treatment works limitation*, or Initiate proceedings to products. which reeolTse the pollutants Is committed, la Its NFDOS permit, to remove a specified percentage of say incompatible poUutant. the pretreatment standard applicable to users of such treatment works shall, axoapt in the case of standards prodding far no discharge of pollutants, be correspondingly reduced In stnngency for that poUutant. Subpert E--Asbestos Millboard Subcategory J427.50 Applicability; description at the asbestos millboard subcategory. revise these regulations. (b) The following limitation* establish the quantity or quality of pollutants or pollutant properties which may be dis charged by a point sours subject to the provisions of this subpart after applica tion of the best practicable control tech nology currently available: there shall be no discharge of process waste water pollutants to navigable waters. 9 427.S3 Effluent limitations guidelines representing the degree of effluent 9 427.51 Specialised definitions. * For the purpose of this subpart: (a) Except as provided below, the gen eral definitions, abbreviations and meth ods of analysis set forth in 40 CFR Fort 401 shall apply to this subpart. (b) COD shall mean COD added to the process waste water. 9 427.62 Effluent limitations guidelines representing the degree of effluent reduction attainable by the applies, The provision* of this subpart are ap plicable to dischargee resulting from the reduction attainable by the applica tion of the best available technology tion of the best practicable control technology currently available. process In which asbestos in combina tion with various other materials such a* cement, starch, day. lime, and mineral wool an used ta the manufacture of as bestos millboard. economically achievable. The following limitation establish the quantity or quality at pollutants or pol lutant properties which may be dis charged by a point source subject to the (a) In establishing the limitations set forth In this section. EPA took Into ac count all Information it was able to col lect. develop and solicit with respect to factors (such ss age and size of plant, 9 427-51 Specialised definitions. For the purpose of this subpart: (a) Except os provided below, the gen eral definitions, abbreviations and methods of analysis set forth in 40 CFR Part 401 shall apply to this luhpart. provisions of tills subpart after applica tion of the best available technology eco nomically achievable: there shall be no discharge of process waste water pollut ants to navigable waters. 1427.54 [Reserved] raw materials, manufacturing processes, products produced, treatment technology available, energy requirements and costs) which can affect the Industry subcategorlxatlon and effluent levels established. It is. however, possible that data which would affect these limitations have not 9 427.52 Effluent limitation* guidelines 427.55 Standards of performance for been available and, ss a result, these lim representing the degree of effluent new sources. itations should be adjusted for certain reduction attainable by the applica tion of the best practicable cunlrol technology currently available. (a) In establishing the limitations set forth in this section. SPA took into ac count all Information it was able to col lect, develop sad solicit with rospect to factor* (such ss age end six* of plant, raw materials, manufacturing processes, products produced, treatment technology available, energy requirements and coats) The following standards of perform ance setahUsh the quantity or quality of pollutants or poUutant properties which may be discharged by a new source sub ject to the provisions of this subpart: there shall be no discharge of process waste water pollutants to navigable waters. g 427.56 Prctreatment standards for new source*. plants In this Industry. An Individual discharger or other interested person may submit evidence to the Regional Ad ministrator (or to the State, If the State has the authorlty to issue NPDES per mits) that factors relating to the equip ment or facilities involved, the process applied, or other such factors related to such discharger are fundamentally dif ferent from tha factors considered In the establishment of the guidelines. On the which eon affect the industry subeate- The pretreatment standards under basis of such evidence or other available gorlsation end effluent levels established. section 307(c) of the Act for a source Information, the Regional Administrator A 0 8 164 TOKAt UOISTSt, VOL 3V, NO. 3V--TUISOAT, FUIUAKY 24, IV74 X415471 7332 IDLES AND KEGUIAT10NS (or tba State) wm make a.written And- new source subject to socdon 300 of the ot such evklsaca or other amLabla ln- ins tbat such facton an or ara not run- Act. if tt wm to dUchars* pollutanta to formstion, tba Regional Administrator rt.mwtny iisinnt tor tbat faculty the navigable wwrs). shag bo tha stead- (or tba fltete) all) make a written find rompand to iboae apectflsd bx tba Oe- snd set forth la 40 CVS Part 1M. eaoapt ing that nub facton art jt are not fun Tdmmwt Durunvsnv. a raeh funda that, for tba ptovaae sfl tide section 40 damentally different far that facility mentally different Heton an found to Cm 133.133 shall be amended to read aa compared to tbcea spedflad In toe De exist. tba Regional Administrator or tha follows: velopment Document. If such fundamen tat* shall aetahfUh lor the discharger Ill ftiirfttlan to tfe pafalUtSQvu m tally different factors era found to exist, effluent ***<" la UsrNFDId permit la 40 CFS 131.141. ttogntTTiiiBt madart the Raglocal Administrator or the titate either more or ton stringent tbaa tba tar loooapocsblo poltftfcftati bttodur?- into shall establish for toe discharger effluent limitations aatahttihad herein, to tba ttent dictated by nicb fimdamantally dttlarant factors. Such tarnations must oa approved by tba Administrator of tha Bivirocmantal Protection Agency. Tha Ad ministrator nay approve or disapprove such limitations, specify other limita tions. or Initiate proceedings to revise pubUoly owned wto nrrnit via iftftd b ta# stftadftfd- at BwftOHMi lor now mi itiw opoouiKi in 4C one 43urn PnetM. ra&c 11 the mihUrty owned toweuat voexa waieb teoetfeai the pultutaate le mamutad. m Its NTOBS permit, to tenon a apeelflaO peraaS- so of say Incompatible pollutant. the pre- treeneent etenCart tsgJIcahls la nsec* <f such treetmsnt worts -*--" escape la the limitation In tba NFDB5J permit either more or leas stringent then tba Umltatou estabUabad herein, to the extent dictated by such fundamentally differ ent factors. Such Unlrallons must be ap proved by the Administrator of the Knvtrenmentai TTotectton Agency. The Ad ministrator may approve or disapprove time regulation*. oese cf standards prortBng (or as .UMOarge such limitations, specify other Limita (b) Tba following limitations aatahllsb tha Quantity or Quality of pollutants or ot pollutants. be gaapeecapr noticed la ttrtngoncy for teas poOutant. tions, or Initiate proceedings to revise thaee regulations. pollutant properties, controlled by this section, which may be dlsobarcad br a Subpart Floor T8a (b) Tha foDowlug limitations establish tha Quantity or quality of pollutants or point source sub]act to tba provisions of this subpart after application of tba beet practicable control, technology currently i 427.70 ApplkaUhyi the * to iSni floor oie safacateguc-. pollutant properties, continued by this section, which may be discharged by a point source subject to tha provisions of available: Tha provlciona at tide subpart we ap this subpart after application of tha best plicable to dischargee neatting from tha practicable control technology currently process la which asbestos, polyvinyl available: JL.r_m_c*<htrwof4rt*entiv7t steU pot --wi chloride min, chemical staMltwrt. lhaetona, and other Allan are used m the manufacture of aabartos floor n.*. fi 427.71 Specialised J-g-1"-- IAw$ obwMtflfiia KAmiI amJtattoat mnmarnkr rtiamtor 30 mf l 4mt dtmanift ten Msttfci vat* <tfjkfcg af qrodat) Tar tha purpose of this sobpw. tAftfl ftftt ITflfll I TCsOeD.._ (L91& .mo 0l n .on (a) Except as provided below *.ne gen eral definition*, abbreviations and Hfltrii ofttta (sitepc of prodoeO Wtthte Uto tMft CO lo M. rnpirth tti ftb/tw of pndoat) CTs0aI>.__________________. C0 .090 low .oa WttOin Vh rtnc* CO to 9.0. methods ot analyst* set forth ) CPU 401 shall apply to this subpor: tb) The abbreviation *utpc ' Crimean 1000 pieces at floor tile. (c) The term "places" shai ruin floor tile measured m tha star.d^-rt die ot COD.................. ftu a ot TML.......................... .01 .04 pH............................ WllUm U rtiic* 4X la BA Softftte VBlti Cb/Bpo of pTDdOCt) COD.................. TS8........................... QLS0 .u 0 11 . S 427.63 IAoent limitations galdellaea la-xia"xHs". PH-............................ VUtaia Uas mat* 1.9 to 9 0. rsrraswiling the degree of sflseit (d) COD shall mean COO .iu- .ea to the netedea snslsihle by the tppllea- process waste water. | 427.75 Eflieu Soltitlosi gaidcllnc* doa mi tW boss available technology eeeooeeWUy achievable. Tha following limitations establish the quantity or Quality at pollutants or g 427.72 Efflaeat UsdtstMaa iwidellnas reprateadag tha rfegrwr tflsau redactioa aPslashle i' '.he Applies* tion of the beet prarurawa control --f-----ii-g the degree of eSnent wduifca altaineMe by die epplieatloa ef the best available tecbnolcgy ornaneilrsllT erblmilile pollutant properties which may be Xhl.'Bla Tha following limitations establish the discharged by a point source subject to tha provisions of this subpart after application of tba beat erasable tech nology eoorwynlcaJly achievable: there ihaQ be no discharge of grosses waste water pollutants to navigable waters. g 427.64 [Reserved ] | 427.65 Standards ef perforauace far (a) in establishing the !rvrations set forth in this section. KFA *orc into ac count all information tt cv- asia to col lect. develop end aatieis v. .: h respect to facton (such as age and n=. of plant, raw materials, marmfacthra^ processes, products produced. tre*cn:-r leohnology avaUabta, energy raoutr*^.--'.' and costal which can affect tba .t lubeata- quantity or quality at pollutant* or pol lutant properties which may be dis charged by a point source subject ta the ptuvlslaca of this subpart after applica tion of tha beat available technology economically achievable: there shall be no discharge of process waste water pol lutants to navuahla waters. g 427.74 rjUaerrod] The following standards of perform gortation and effluent '.r-. -wtahllahed. It is. however, poeslhti :rji. fata which g 427.75 Standards of performance for ance establish tha Quantity or Quality of would affect these Umttatip-u have not pollutanta or pollutant properties which bam available and. aa a (wr-v these limi Tha foOov r.g standards at perform may be discharged by a new source sub tations should be aar*-*'` lor certain ance establish via quantity or quality of ject to tba provisions of this subpart: plants in this industry -.r. indtvlduai pollutanta or pollutant properties which there shall be no discharge of process discharger or other Inters person may may be dtecnargad by a new source sub waste water pollutants to navigable submit evidence to toe ?. -Venal Admin ject to tba provisions of this subpart: waters. istrator (or to the Slate, r me State has (bare shall b* oo dbeharge of process 1427.66 Pissrsslmi lit ataaderds for the authority to Issue .nPOES permits) that factors relating to the equipment or waste water po&utante to navigable wsten. Tha pntmetaani ataaderds under taction 347(0) of tba Act for a source within tba aabortoa mfflboud subeategory, which ta a user of a publicly owned treatinent works (and which would be a fadhtiat lnralvad. tba praccs appttad. or other such facton Tdatwl to such dlachirgas are furdameWtaUy dlffarant from tba facton ooswktonti in the estab lishment of the gtddshaee. On the basis f 427.76 PmreaiaKUt itmdard* for Tba pntreatinent standards under nn-to 30''o at tba Act for a aouroa within tha ssbaatos floor tile subcategory. X 415472 meui uomat vex. n, no. i--umwat, naauAxr u, tty 403 16b KULZS AND REGULATIONS which is* user of s publicly owned treat ment works, (sad which would bs s arw cuurcc subject to lectioa 3M of the Act, if towers to dtsehsrtt pollutants to tbs nsvlsshls wston), dull bs the standard set forth In 40 CFB Part 138. except that. for the purpose of this section, 40 CFR 138.133 dull bsjkmendcd to reed te fol lows: U srtdltlnn te toe prohibitions et forts la to erm 13S.U1. toe prttrsetmaat rtaodard for incompatible pollutants introduced late. e publicly owaod treatment works rtaU be toe steadartt at pmftmaaas lav new Morote maatfted la to OPW 4XT.7S: ProeUsd. That, S toe publicly ewaed trselnnnl works whieh iwSf toe poUumats to committed, la He lOOSB pauh te ntnosa e wisnfflert penantecs at say inmmpeahU pollutant, toe prttrsafest stsadsrS ippUaable te were or sue* treatment worts etudLoeept in toe sees at standards penilac fas bb die. otasree of pollutants be mi 1'iniilliijl) re duced la cwingcnry far tost pollutant. [n Doa.7-UM mod J-3S-T*:S:to cm) 7533 > <b Co pd O I No. 3S--PL n---2 FBOAt (Hi5TB, VOL IV, NO. IV--fUlWAir, ffStUAtT U, 1VT4 X4f5A71 7534 PROPOSED RULES ENVIRONMENTAL PROTECTION AGENCY [ 40 CPR Part 427 ] ASBESTOS MANUFACTURING POINT SOURCE CATEGORY vided in 40 CFR 128.133, which provides irf follows: laaSSSUea le llw prabibKvoos set forth U 4 *** t&l l MIE8IIMIII MadBt fat -naipotttle pollutants bttodosae rate a yuh:*cly ovate tnosMot mis by a major noartboSlag InSur-ry no* subWet soottoa 30T eccaoinic analysis report eutiUaa "Iconomte Analyils of Proposed Bfflnent amdetlnae. The Ashsatoa Frcdarts Man ufacturing industry" (September 1973), was made avUaMo at the time of pro posal. Coplea of tbe final Drrelopsnest Document end economic anaivtis report Application of Effluant Limitations Guide lines for Existing Soorcea to Protmtmoot Standard* for Incompatible Pol* lutanta Notice la hereby given pursuant to (a) of tho tat obsl o*. for ooureoo witbta the ooneoponSlrt `'Uustrlal or Jtuainosutal oatagory. that acabniLad by a pmonigstoe oWa- ont limitation* gnJdaUaao ilollnlns bam tnctleable.aatrvl :xatilep oamatty avaiiaaia punuaatxc.ta.-r.aooaei<b) aaOSO*(o) of .be will continue to be malntal.md for in spection end copying during tho com ment ported at the ZPA lufcnaation Center, Room 337, Week Town. -Watertide troll 401 M Street. 8W,, Washing iectiaai 301. 304. and 207(b) of the Fed* Act: ProirtStd. naL ir tbe publicly eweoa ton. D.C. Copies will also be available for era! Water Pollution Control Act. as treatment uu mica merino tbe poi:.::- Inspection at SPA regional offices and at amended (the Act). 33 U.S.C. 1311, 1311. aats la coowvtute. la ito NTOfflg ptreus. State water pollution control agency of 1314, and 1317(b): 89 Stat. 31ff et seq.; Pub. L. 92-500. that tha proposed regula tion set forth below concerns the applica tion of effluent 'imitations guidelines for existing sources to pretreatment stand romove a t.xcsal jorcoutas* oS.aav laevmpauaie pauu:*at. *jm pncnatSMBt naaeare applicant* ts ura or nub Woataant works thall bo oemoaoaeiasly reduced for that pol lutant: And yotttd /artAvr, That waan tba offluact La.tanoes punoil-ioo for oacb ta- fices. Copies of the Development Docu ment may be purchased from the Su perintendent of Documents. Government Printing Ofilce. Washington. D.C. 20407. Copies of the economic analysis report ards for Incompatible pollutants. The duoiry Is prwaultaled, a wpaiatt provlslaa will be available for purchase through proposal would amend 40 CPU Part 427-- wlU bo propopod -oncarning tho application the National Technical information asbestos manufacturing point source of tuc.t iwuliia to protmatmont. Service, Springfield. Virginia 23151. category by establishing foreach sub- The regulation proposed below ts in On June 14. 1973 (3* FR 15863). the category therein the extent of applica tended to Implement that portion of Agency published procedures designed to tion of effluent limitations guidelines to 1 128 133. -hove, requiring that a sepa insure that, when certain major stand existing sources which discharge to pub rate provi-dci be made stating the appli ards, regulations, and guidelines ate w- licly owned treatment works. The regula cation to pretreatausit standards of posed, an explanation of them basis, tion la Intended to be complementary to effluent 'Imitations guidelines baaed upon purpose and environmental effects it the general regulation for pretreatment best urictieable control technology cur made avaSahle to the public. The pro standards set forth at 40 CPU 128. The rently available. cedures aiw applicable to major stand general regulation was proposed July 19, Questions were raised during the pub ards, regulations and guidelines which 1973 (38 FR 19238), and published In lic comment period on the proposed gen are proposed on or after December 31, final form on November 8, 1973 ( 38 FR eral oretremtment standard 45 CTT 128) 1973, and which either prescribe national 30982). The proposed regulation la also In al>: - ne propriety of applying t rand om --.w>d upon best pzacttcaole central standards of environmental quality or require national emission,"-affluent or tended to supplement a final regulation being slmul'aneously promulgated by the Environmantel Protection Agency (ZPA or Agency) which provides effluent limi tations guidelines for existing sources tec.Li s'vgy currently amiable all plot".- -vtaject to pretreatment stsndardsIn S'..-'ral. ZPA believes the analysis 3Vip->.-4ng tiie effluent limitations guldel'i. Tt j adequate to make a determina performance standards or limitations The Agency determined to Implement these procedure# In order to Insure that tha public was provided with background information to assist It in commenting on and standards of performance and pre tion -ra/ding the application of those tha merits of a proposed action. In brief, treatment standards for new sources sta.. vu to users of publicly owned tbe procedures call for the Agency to within tiie asbestos-cement pipe, asbes tos-cement sheet, asbestos paper (starch binder), asbeatoe paper (elastomeric binder;, asbeatoe millboard, asbestos tri. . -ac works. However, to ensure th. ..** standards are appropriate In ai: . m<-- - . FA now seeks additional com* sting upon the application of make public the information available to it delineating the mator environmental effects of a proposed action, to discuss the pertinent nonenvU-onmentel (acton rooftrg products and asbestos floor til# subcfttegortes of tha asbestos manufac turing point source category. Tha latter regulation applies to the portion of a discharge which is directed to tha navi gable waters. The regulation proposed below applies eff nutations guidelines to users of 4 y owned treatment works. ts 427.15. 43735. 427.35. 427.45, 43-'.. ^ At'.U, and 427.75 of tne proposed re/. ..". /U for mint sources within the :-ment pipe, ubestoo-cement shc-*t -bestoa paper (starch binder), affecting the decision, and to explain the viable options available to tt and the rea sons for tba option selected. The procedure* contemplate publica tion of this information in the Fxsmli. Rsamxx. where this Is practicable. They provide, however, that where such pub to users of publicly owned treatment a*./>-.ms cape; 'eUstomeric bi.-.der). lication is impracticable because of the works which fall within the description asi--'w millboard, asbestos .-wing length of these materials, the material of the point source category to which the pr-:r: - -. jd asbestos floor tile suceate- may be made available in an alternate guidelines and standards (40 CFR 437) go: .it Jetooer 30. 1973; 38-FR 27044). format. promulgated simultaneously apply. How- cor.:a the proposed pretrevuaent The Development Document referred iver. the proposed regulation applies to sul* ... i. _ for new sources. The regulation to above contains information available :Ue introduction of incompatible poQut- pr ; -ted slmultaneoualy herewith to tbe Agency concerning the major en a-.ie which are directed Into a publicly :crv.-- l 437.18, 43738, 43738, 427.48, vironmental effects of the r(dilation pro c .-.ned treatment works, rather than to 437.;.* 4>7.(g. and 437.78 whleo state posed balow. The Information Includes: - - charges of pollutants to navigable fc:c -.t.-cablUty of standards of per v l) The Identification of pollutants pres v .-.era. The generu prttreatment standard form -> for purpaeas of pretreutmaat stc-* . -"i for new soarcea. ent tn waste waters resulting from the manufacture eg asbestos products, tha divides pollutants discharged by users of publicly owned treatment works Into two brood categories: "compatible" and "In compatible." Compatible pollutants era generally cot subject to pretrealsunt A t.-eualnary Development Document was .t.io* available to tho public at ap- pruxisateiy the time of publication at the notice at proposed rulemaking and the final Development Document entitled characteristics of these pollutants, and the degree of pollutant reduction attain able through implementation of the pro posed standard; end (3) the anticipated effects on otlmr aspects of the environ standards. (See 40 CFR 128.110 (Bute or "Development Document for Effluent ment (Including air, subsurface waters, local law) and 40 CFR 128.131 (Pro hibited wastes/ for requirements which limitations Guidelines and New Source Performance Standards for the Building, solid waste disposal and land use. and noise) at the treatment tectmaioglee available to meet the standard proposed. may be applicable to compatible pollut Ccnstncuen. and Paper Segment of tho The Development Document and the ants) . incompatible pollutants are sub- Asbestos Manufacturing Pomt Source economic analysis rapert referred to ,ect to pretreatment standards as pro Category" is now being published. The above alra -**-**-*" Information available nDHAL ItClITII. VOL 1. NO. 3*--TUtSOAr. MSIUAgT 1*. 1V74 408 ^05474 raorosB) ftuus 7535 to the Agency regarding tha netlmitcrl tions, therefore. declare that the guide rublect to the provhdoos of Part 133 of coat and mum w Qaaoixmotloit linnllfia lines do not apply to existing sources dis this onssnemlng pretreetinent, Uons of t>"-- treatment terhnnlngte* charging to publicly owned treatment orocM vuti niv fnin tllll ritvilf> and tha potential affacte-of those aorta works. gory may be introduced Into a pubUety on th# pries and production at aabaotoo Inters*tad persons may participate in owned treatment worts. product*. Tlw two reporta'exoeed, In the aggregate. 100 para* In length and ocn- this rulemaking by submitting written comment* In triplicate to the SPA In | 42734^ Pretreetinent standards far ax. tain a substantial number of chart*, formation enter, environmental Pro diagram* and tables. R la clearly im tection Agency, Washington. D.C. 30440, For the purpose of ptstieetment stand- practicable to publish the material con Attention: Hr. Philip B. Wlsmaa. Com ards for Incompatible pollutants estab tained in these document* In the ftsmtsL ments on all aspects of the proposed lished under 1133.123 of this chapter, Rxoxstsx. To the extent possible, signif regulations are solicited. In the event th* affluent limitations guldallnee art icant aspect* at the material have been comments are la the nature of criticisms forth In 143723 shall not apply and. presented In summary form in the pre as to the adequacy of data which Is avail subject to the provlalosu of Part 133 at amble to the proposed regulation con able. or which may be relied upon by the this chapter concerning pretreatment, taining effluent limitations guidelines, Agency, comments should Identify and. If process waste water from this suboate- new source performance standards and possible, provide any sArntumsi data gory may be introduced Into a publicly pretreatment standards for new sources which may be available and should indi owned treatment-works within the ssbssto* manufacturing cate gory (34 FR 39044; October 30. 1973). Additional dlscuselon Is contained In the analysis at public comments on the pro posed regulation and the Agency's re sponse to those comments. This discus sion appears hr ths preamble to the promulgated regulation (40 CPR Part 427) which la being published simul taneously In the Rules and Regulations section of the Tedxral Reams. The options available to the Agency In establishing the lets! of pollutant reduction attainable through the beet cate why such data Is essentlsl to the development of the regulations. Bt th* event comments address the approach taken by the Agency In establishing pretreatment standards for existing sources. EPA solicits suggestions as to what al ternative better latisflee the detailed re quirements of sections 301, 304. and 301 (b) of the Act. A copy of all public comments will be available for Inspection and copying at the EPA Information Center. Room 337. Wert Tower. Waterside MalL 401 H Street, SW., Washington, D.C. 30400. | 427.44 Primealiiiiiiil standards for exiadag soaress. Por the purpose of pseveatanent stand ards for Incompatible pollutants estab lished under 1123.133 of this chapter, the effluent hmitaticaa guidelines set forth In 1427.42 shall not apply and. subject to the provlaictia at Part 123 of this chapter concoming pretreatment, process warts water from this mbcetegory may bs introduced Into a publicly owned treatment works. | 427-54 Pretswstiecnl standards for ex- I practicable control technology currently The EPA Information regulation. 40 CPR Using toarees. available, and the reasons for the par ticular level of reduction selected are dis cussed in the documents described above. In applying the effluent limitations guide lines to prrtreatinent standards for the Introduction of Incompatible pollutants Into mnnletpal systems by existing sources in th* asbestos-cement pipe, as bestos-cement sheet, asbestos paper (starch binder), asbestos paper (elasto meric binder), asbestos millboard, as 3, provides that a reasonable tee may be charged for copying. In consideration of the foregoing. It is hereby proposed that 40 CPR 437 be amended to add 11 437.14, 437.34. 427.34. 437.44. 437.54. 437.54. and 427.74. All comments received on or before March 33,1974, will be considered. Dated: February 15. 1974. JomsQu**us. For the purpose of pretreatment stand ard* far incompatible pollutant* ertab- * lishsd under j 123.133 of this chapter, the effluent limitations guldalinM set forth In I 427.52 shall not apply and. subject to th* provision of Put 128 of this chapter concerning pretreatment, process warts water from this subcate gory may be Introduced Into a publicly owned treatment work*. bestos roofing products end asbestos Acting Administrator. 9 427.34 PreUeatinem standard* for ex floor tile subcategorles, the Agency has, essentially, throe options. The first Is to declare that the guidelines do not apply. The second .la to apply the guidelines unchanged. The third Is to modify the guidelines to reflect: (1) Differences be t-sen direct dischargers and plants utilising municipal systems which affect the practicability of the latter employ ing the technology available to achieve the effluent limitations guidelines: or (3) characteristics at th* relevant pollutants PART 427--ASBESTOS MANUFACTURING POINT SOURCE CATEGORY 40 CPR Part 427 is proposed, to be amended ea follows: { 427.14 Pretseatment ilandsrds for ex isting Mores*. Porthe purpose of pretreatment stand ard* for toootnpatihla pollutant* estab lished under f 123.133 of this chapter, the effluent limitations guideline* eat isting Metres. For the purpose of pretreatment stendarda for Incompatible pollutant* artablisbed under i 123.133 of this chapter, the effluent limitations guideline* set forth In 1437.33 shall not . apply and, subject to the provisions of Part X23 of this chapter concerning pretreatment, process waste water from this subcate gory may be Introduced Into a publicly owned treatment works. which require higher levels of. reduction forth in 1437.13 shall not apply and, I 427.74 Pretreatment standard* for ex (or permit less stringent levels) in order to Insure that the pollutants do not Inter fere with the treatment works or pass through them untreated. The pollutants from this Industry sie deemed to be compatible with publicly owned treatment work*. They do not Interfere with nor pace through such works untreated. The main pollutant parameter from this Industry Is sus pended solids, and municipal treatment systems are equipped to remove this pol subject to the provisions of Part 133 of tide chapter octMendag pretreatment, process wests water from this subcategosy may bs Introduced into a publicly owned treatment works. 939 | 41744 PratreaUnens isadsrds lor ex isting shuts. For the purpose of pretreatment stand ards for lnoompatibU pollutants estab lished under 1123.133 at tide chapter, th* efflaeot tlwiltaMwie guideline* set isting searees. For the purpose of pretreatment standards for Incompatible pollutants established under 1131.133 at this chap ter, the effluent limitsNona guideline* set forth tat I 437.73 shall not apply and. subject to tba pruristam* at Part 132 of this chapter concerning pretreatment, process waste water from this subcate- gmy may be introduced Into a publicly owned treatment works. lutant parameter. The following regula forth hi I 437.23 shah not apply and. (n D00.74-4SS4 TOsd *-rt-T4;S:4S am] /I os 68i FtottAI. MOISTH, VOC. 39, NO. 39--TUBOAY, PtUtUAIY U, 1974 X 4154 75 1874 XUIES AND REGULATIONS II Tills 40--FrutaUtan of the EAvtlWNni Devices Begmeni of tbe Asbeetoe Man wnltsims Waste control Is attained at CHAPTER 1--ENVIRONMENTAL PROTECTION AGENCY ufacturing Point Soares Category" lower costa per unit of reduction and re (August 1974) wad (3) the document en duced energy requirements through use titled "Economic impact of 1972 of dry dust collection systems. And lastly, su~"^yziS2^TMaa*a Peigral Water Polluting. Control Amend by the effective date for BATEA (July 1. |7IL Sia-e} ments on the Asbestos Industry" (Au 1943) many of the existing wet scrubbers gust 1974). Both of these documents will have neared the end of their ex PART 427--ASBESTOS UANUFACTUR1NQ were made available to the public and pected lifetime (25 years), thus reducing POINT SOURCE CATEGORY circulated to Interested persons at ap tha tins, ecanomio Impact of replace On August 29. 1974. notice ni pub lished tn the PnsmAL Rxcxsm- (39 PR 31393), that the Environmental Protec tion Aimer (EPA or Agency) u pio* podai efluat limitations guidelines lor existing sources end standards of per proximately the time of publication of the notice of proposed rulemaking. Interested peaces were Invited to par ticipate tn the rulemaking by submitting written comments within 30 days from tha date of publication. Prior public par- ment (3) The comment was made that the limitations should be expressed In unit loadings rather than concentrations to make them more definitive and to par allel those of guidelines for other In formance sad pretreatment standards for new sources within the coettni ar flnlahtng of ssbestos textiles subcategorr. the solvent lecorery subcategorr. the va por absorption subcategorr. and the wet dust collection subcategorr of the as bestos manufacturing category of point sources. The purpose of this notice Is to estab- llah final effluent limitations and fulde- Unes for existing sources and standards of performance and pretreatment stand ards for new sources In the asbestos man ufacturing category of point sources by amending 40 CPU Chapter X. Bubchapter N, Part 427 by thereto the coating or Anijhiwy of asbestos textiles subcate gory (Subpart ED, the solvent recovery subcategory (Subpart I). the vapor ab sorption subcategorr (Subpart J) and the wet dust collection subcategorr (Subpart K). This final rulemaking Is promulgated pursuant to sections 301.304 (b) sad (c>, 304 (b) and (e) and 307(e) of tha Fed tlctoatlon In the form ot solicited com ments and responses from the States, Federal agencies. and other Interested parties wen described In tbe preamble to the proposed regulation. The EPA has considered carefully all of the com ments received and a discussion of these comments with the Agency's response thereto follows. a. Summary of comments. The fol lowing responded to the request for writ ten comments contained in the preamble to the proposed regulation: Asbestos Information Association/North America and Raybestoa-Manhattan, Inc. Each of tha comments received was carefully reviewed and analysed. The fol lowing Is a summary of the significant comments and the Agency's response to them. 1. Several comments were mads which questioned the appropriateness of carbon absorption columns as the best available technology economically achievable dustries. In the effluent limitations guidelines herewith promulgated, this has been ac complished by expressing the U.-rutat.an.s in terms of weight of pollutants per weight of finished coated textiles for the solvent recovery subeategory and weight of pollutants per unit of air scrubbed lor the wet dust collection subcategory. b. Revision of the proposed reputa tions prior to promulgation. As a result of public comments and continuing re view and evaluation of the proposed regulation by the EPA. the following changes have been made In the regula tion. (1) Tha applicable technolgBT and limitations tor BATEA within ;the sol vent recovery subeategory have been modified to be equal to those of BPCTCA. " 2. Limitations for specific pollutants are expressed In terms of unit loadings, eral Water Pollution Control Act. as (BATEA) for the solvent recovery sub- not lh concentrations u was the ease In amended (the Act); 33 U.&C. 1251,1311. category on the basis of both costs and the proposed regulations. 1314 (b) and (c), 1314 (b> and (c) and benefits of the waste reduction attained c. Economic impact. The economic 1317(e): M Stat 814 et sen.; Pub. L. 92- through use of tbe technology. impact of the limitations for the textiles, 500. A regulation regarding cooling water Revlsw of all available data Indicates hiction materials and sealing devices intake structural for all categories of that for the larger facilities within tbe segment of the ssbestos manufacturing point sources under section 314(b) of die Act will be promulgated in 40 C7& solvent recovery subeategory tbe use of carbon absorption as an added point source category Is very limited. Since many of the operations (e.g.. tex 402. waste treatment step would remove ap tile wearing and sealing devices manu m addition, the EPA is simultaneously proposing a separate provision which ap pears In the proposed rules section of the Franut sansm, stating the applica tion of the limitations and standards set forth below to users of publicly owned treatment works which are subject to pretreatment standards under section 307(b) of the Act. The bests at that proximately 4.5 pounds per day of chemi cal oxygen demand at a cost of more than $25.00 per pound. Comparable waste re ductions for the other technologies pro posed for the various subeategorles range from 29 to 200 pounds per day with costs ranging from $035 to 83-00 per pound. In consideration of the very limited facture) are representative of dry Indus try stuI drtrm much of the waste water from'wet operations Is discharged to mu nicipal systems, only five plants are af fected. Affected plants Include one sheet gasket material plant and four friction -4i. plants. None of tbe affected plants Is expected to close due to the eco- rtnmiii of the limitations. proposed regulation is set forth in the benefits attained and the extremely high For tbe various segments of the Indus associated notice of proposedi rule- cost per unit of waste reduction, the use try the estimated net after tax returns making. of carbon absorption columns has been as percent ol sales are: textiles. 3.3 per The legal basis, methodology and fac tual rondusidna which support promul eliminated (rum BATEA. The guidelines for BATEA In the solvent recovery sub- cent; friction materials. 3.0 percent: and sealing devices. 3.0 percent. For imple gation of this regulation were sat forth category thus become the same as those mentation of BPCTCA (1917) limita in substantial detail tn the notice of public review procedures published tor best practicable control technology currently available (BPCTCA>. tions, one sheet gasket plant In the sol vent recovery subeategory incuts costs Aurust 8. 1973 138 PR 21202) and in the 2. One comment was mads which equal to 0.7 percent ol sales. For im notice of proposed rulemaking for the questioned the Imposition if zero dis plementation of BATEA (1983) limita coating or finishing of asbestos textiles charge limitations for the wet dust col tions, four friction materials plants in subcategory. the solvent recovery sub- lection subeategory that are based on a the wet dust collection suocstegory In category. the vapor absorption subcate BATEA entailing replacement of wet cur costs ranging from 0.05 to 1.2 percent gory, and the wet dust collection sub- scrubbers with dry collection systems. of sales. It Is believed that most of the category. m addition, tbe regulation as A reexamination of all pertinent In waste control costs can be recovered by proposed was supported by two other formation reaffirms the reasonableness tocraased prices. Complete recovery documents: (1) The document entitled of the proposed limitations. Most facul would require price Increases cf less than "Development Document for Proposed ties In the affected segment o! the asbes 13 percent for any affected plant. Effluent Limitations Guidelines and New tos Industry currently employ dry dust d. Cost-benefit analysis. The detri Source Performance Standards for the collection. Dry dust collection systems mental effects of the constituents of Textile, Friction Materials and Sealing more effectively control atmospheric waste waters now discharged by point 4s ?69X4f5476ranut worm, vol so, no. --tncisdav, jamuaxy v, i >rs RULES AND REGULATIONS 1875 source! within the textile. Motion mate* That order require* that effluent limita riels and sealing devices segment of the asbestos manufacturing' point souroe tion requiring the application of beat practicable control technology currently 437.106 Pretreatment standards for oureas. nev category are discussed In Section VI of available for this Industry be effective Subpsrt K--*M Duet Celtectien the report entitled "Development Docu upon publication. Accordingly, good 437.110 Applicability: description of the wet ment for Effluent Ilimitations OuldsBnss cause la found for the final regulation dust collection rabcategory. for the Textile, Friction Materials and promulgated below establishing best 437.111 HnenleHetrl definitions. Sealing Devices Manufacturing Segment of the Asbestos Manufacturing Point Sours Category" (August 1974I. It Is not feasible to quantify In ooonomla terms, particularly on a-natiorud basis, practicable control technology currently available for each subpart to be effective January 9,1975. The final regulation promulgated be low establishing the best available tech 437.113 Effluent limitations guidelines rep resenting the degree of effluent reduction attainable by the ap plication Of the beet practicable oentioi technology currently available. the costs resulting from the discharge nology economically achievable, the 437.113 Effluent limitations guidelines rep of these pollutants to our Nation's standards of performance for new resenting the degree of effluent waterways. Nevertheless, as Indicated In Section VX, the pollutants discharged have substantial and damaging Impacts on the quality of water* and therefore on Its capacity to support healthy popula tions of wildlife, fish and other aquatic sources and the new source pretreatment standards shall become effective Febru ary 10,1975. Dated: December 37. 1974. Josrr Quaslxs, 437.114 437.116 reduetion attainable by the ap plication of ths bast available technology economically achieva ble. | Reserved] Standards of performance for new wildlife and on Its suitability for Indus Acting Administrator. 437.116 Pretreatment standards for new trial. recreational and drinking water Subpart H--Coating *r rMaMng a* Sabaaus aoutoaa. supply usee. ^ Taatilaa Subratagoiy AUTBoarrr: Pub. L. >3-400. 86 Stat. 818 The total cost of implementing the effluent limitations Includes the direct -43740 capital and operating costs of the pol lution control technology employed to 43741 achieve compliance and the Indirect eco 43743 nomic and environmental costa Identi fied in Section vm and In the supple mentary report entitled "Economic Im pact of 1873 Federal Water Pollution Control Amendment* on the Asbesto* 437.63 Industry" (August 1974). Implementing Applicability; description of tbs ooatmg or flnlshlng of ssbestos tsxtllas snboatsfary. flpsrtallssd dsflntttons. Efflusnt limitations guidelines rap- rsssntlng the dsgrss at affluant reduction attainable by tbs ap plication of the best practicable control technology currently available. Effluent limitations guidelines rep resenting tits degree oi affluent re at aeq. (33 UA.C. 1361. 1311. 1314(b) end (e), 1316(b) and (c) and 1317(c)). Subpart H--Coating or Flniahing of Asbestos Textiles 3 427.80 Applicability f description of the coating or finishing of ubetor textiles rabcategory. The provisions of this subpart are ape pUcable to discharges resulting from the process of coating or impregnating is* the limitations will substantially reduce duction attainable by the epplica bestoe textiles with materials which im the environmental harm which would tion of the best available tech part spedfie desired qualities to the. otherwise be attributable to the con nology economically aehtevabl*. finished product. tinued discharge of polluted waste waters from existing and newly con structed plante in the asbestos manufac turing Industry. The Agency believes that the benefits of thus reducing the pollut ants discharged Justify the associated 43744 43746 437.M IKescrved] standards of performance for new sources. Pretreatment standards for new sources. tuipart I gatvant Hecevenr lebcetegeij 112741 SperliHtrd definitions. For the purpose of this subpart: (a) Except as provided below, the gen eral definition*, abbreviations and methods of analysis set forth in 10 CFR costs which, though substantial In abso 43T40 Applicability: deaeription of the sol Part 401 shall apply to this subpart. lute terms, represent a relatively small percentage of the total capital Invest ment In the Industry. e. PubUcatio* of information on proc esses, procedures, or operating method* 10741 407.93 vent teoovery subcatagory. Specialised definitions. Effluent limitations guidelines rep resenting the degree of effluent reduction attainable by the ap plication of tbs beet practicable 427.82 ElBacnt limitations guidelines reprasrnling the degree of effluent redaction attainable by the applica tion of the best practicable control technology ennenuy available, which remit (n the elimination or redac tion of the discharge of pollutants. In conformance with the requirements of Section 304(c) of the Act, a manual entitled, "Development Document for Effluent Limitations Guidelines and New Sours Performance standards for the Textile, Friction Materials and Sealing Device* Manufacturing Segment of the Asbestos Manufacturing Point Source Category," will be published and will be available for purchsue from the Gov ernment Printing Office, Washington, 437.96 43744 43740 437.96 control technology currently available. Effluent limitations guidelines rep. resenting tbs degree of effluent reduction attainable by the ap plication of tbs bast available tech oology economically achiev able. [Reserved] Standards of performance for new sources. Pretruatmcnt standards for new sources. ttfflpBft J--Vaper Ibeerptiaw tubastgey (a) In establishing the limitations set forth in this section, SPA took into ac count all information it was able to col lect develop and solicit with respect to factors (such as age and size of plant raw materials, manufacturing processes, products produced, treatment technol ogy available, energy requirements and costa) which can affect the industry sub- cfitegortcation and effluent levels estab lished. It Is. however, possible that data which would affect these limitations D.C. 20403 for a nominal fee. Copies of the economic analysis docu 437.100 Applicability; description of the vapor absorption subcategory. have not been available and, as a result these limitations should be adjusted for ment previously cited will be available from the National Technical Informa 437.101 Specialised definitions. 407.100 Effluent limitations guidelines rep certain plants in this Industry. An in dividual discharger or other Interested tion Service, Springfield. Virginia 33151. f. Final rulemaking. In consideration of the foregoing, 40 CPR Chapter L Bubchapter N, Part 437, Asbesto* Manufac turing Point Source Category, Is hereby unended by adding additional subparts H. L J and K to read as set forth below. This regulation la being promulgated 437.106 resenting the degree of effluent reduction attainable by the ap plication of the beat practicable control technology currently iTKlUblt. Effluent limitations guidelines rep resenting the degree of effluent reduction attainable by the ap plication of the beet available person may submit evidence to the Re gional Administrator (or to the State, if the State hu the authority to Issue NPDES permits) that factors relating to the equipment or facilities involved, the process applied, or other such factors re lated to such discharger are fundamen tally different from the factors consid pursuant to an order of the Federal Dis trict Court for the District of Columbia technology economically achieva ble. 437:104 (Reserved] ered In the eetabllshment of the guide lines. On the basis of such evidence or entered tn Natural Resources Defense 42T.100 Standards of performance for new other available Information, the Region Council, Inc. v. Train (Cv. No. 1604-73). sources. al Administrator (or the State' nil OZL 90V nostAL eiwnn, vot. so, no. --thusiday. .v.nuasy , i/s X4I547 t Lvn RULES AND REGOIA71QNS make a written finding that cuoh foe tus are nr are not fundamentally dif ferent for that facility compared to those specified In the Development Doc ument. JZ such fundamentally different __tar Tmicv.'ar thirty -- dr oo--b'ihTM dt?i factors an found to exist, the Regional Subpart I--SabMnt Administrator or the State shall estab 8 427.90 AppilcaUhn (Kmle mltW bAUOt tslA*4 imetre pertaM lish for the discharger effluent limita- (be solvea tlona in the NPDE3 pencil either more or less stringent than.the limitations established herein, to the extent dictated by such fundamentally different futon. The provisions of this pllcable to discharges .uniting tram the process of solvent recovery la the manu facture of eehritni products. COD. T*l_ PH-- . "SB.. fsaHlOtl 09..m1t Such limitations must he approved by the Administrator of the Environmental 8427.91 Spedalbed. oata) IWIlO) ft* of tmIM product Protection Aseney. The Administrator may approve or disapprove such iftnlt*tlons, specify ocher limitations, or initi ate proceedings to revise these regula tions. For the purpose of thissubpart: (a) Except as pronded below, the gen eral definitions, abhrwlatlona and mirtti- ods of analysis sat forth In 40 CTO Part 401 shall apply to this subpart. bbb: 3- .. CA_________ __ 0.1S___________ __wunstneetthaeat* u aann (b) The following limitations establish the quantity or quality of pollutants or pollutant properties which may be dis charged bya paint source subject to the provisions of this subpart after applica tion of the best practicable control technology currently available: there shall be no discharge of west* water pollutants to navigable waters. 3 427.92 Effluent llmlmtiem gaidellnea repretenting Urn degree of cflmn redaction attainable by tbe applieslion of tbo bom prortiroble control technology earrenely ngiih. (a) In establishing the ltmttatlnre set forth In this section. XPA took Into ac count all Information it was able to col lect; develop and solicit with respect to | 427.98 Effluent Ibnilettoae guideline* representing the degree of effluent redaction ettaineble by the tppUcation of iho beat available technology economically achievable. The following limitations establish the quantity at quality of pollutants or pol lutant properties, cantooiled oy this secrlon. which may be discharged by a point 427.83 FHIntvii Limitsdoes guidelines representing the degree of efflnent redaction attainable by tha applica tion of the bast available technology economically achievable. factors (such as age aud stae of plant, raw materials, manufacturing proecmie, products produced, treatment technology available, energy requirements end coats) which can affect the Industry sub- r'Xire* subject to the provision* of this ruooart after application of the best available technology economically amjftvable: | The following limitations establish the cateforlsatloo and affluent levels estab EC--a*. flinitittnu quantity or quality of pollutants or pol lished. tt Is. however, possible that data lutant properties which may be dis which would affect them IhnltaBnne t&Mt lTTajimabi(rdt 3lir charged by a point sourea subject to the have not been available and. as a remit, provisions of this subpart after applica these limitations should be adjusted lor tnhri--ll ocItto* tion of the best available technology eco certain plants In this Industry. An Indi Motrto unite) tg/kkf of tfltatatd a i product nomically achievable: than shall be no vidual discharger or other Interested par discharge of waste water pollutants to navigable waters. 8 427M [Reserved] son may submit evidence to the Regional Administrator (or to the State, If the State has the authority to lass NFDES permits) that factors relating to the CO......O.....E.....J.. CO..._._.._._._.._._--__. pB...... ................ Within tho nflfilAti 9.0, aann S 427.85 Standards of performance for equipment or facilities Involved, the new sonrrrai process applied, or other such facton re (T. Tjthh rtti) IboflOOO lbi of Aotebod Mbuta product The following standards of perform ance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source sub ject to the provisions of this subpart: lated to such discharger fundamen tally different from the J:rtan consid ered in the establishment -f tbe guide lines. On the bests of rutr- -,/tdenca or other available informed'- \? Regional ............. _.... O.M.......____ 7*4..................... ait............. -- j>U.......................... Wturduntiiabootn 9-a au an then shall be no discharge of waste Administrator (or tbe Si;--. - til make a water pollutants to navigable waters. written finding that sat .: ' .i-' jn are or g *37.94 [Reserved] 5 427-86 Protreatment new tourers. standards far are not fundamentally d: T rt for that faculty compared to those - - -.led In the Development Document. -..a funda- 8 427.95 Standards of performance for The following standards of perform The pretzeatment standards under section 307(c) of the Act far a new soorca within the coating or finishing of asbestos textilee subcategory which Is a user of a publicly owned treatment works and a major contributing Industry as de mentelly different factor- . - ::wcd to exist, tbe Regional Admint ',r or the State shall establish for ; v .charger effluent limitations in the : permit either more or leas *tnr -: _n the limitations established here?.-. : i me ex ance establish the quantity or quality of pollutant! or pollutant properties, con trolled by this section, which may be dis charged by a new source subject to the provisions of this subpart: fined In 40 CTO Part 128. far existing tant dictated by such tund<m< aic-lr dif rc*nl UraltotVn* sources (and which would be a new point ferent factors. Such Utritar.on* r.ust oe source subject to section 306 of the Act, approved by the Administrate - "f tbe if It were to discharge pollutants to tha Environmental Protection A^er.cr Tbo navigable waters) shall be the same Administrator may approve 0- disap Efflwnt Vfnvlwvwm hr TAOwlHnFttioflof Lf f4li*rUt* any oai day oorabrORlT* lor* iboU oot rvotd standard as set forth In 40 CTO Part 126, prove such limitations. speedy other {Mtme unite) ka.'kJra of Quailed uitaucs product except that, for the purpoee of this sec limitations, or Initiate proceedings to re tion. 40 CTO 126.121, 128.122,128.132 and 128.133 shafi not apply. The following pretreatment standard establishes the vise these regulations. (b) The following limitations estab lish' tha quantity at quality of pollutants COO--...... TM........................... --. PJO............... 0.15....... ......... WicMn tho rou.arccIO to 0, 15 0 t* quantity nr quality at pollutants or pol or pollutant properties, controlled by this lutant properties, controlled by this sec section, which may be discharged by a (1C ttlisa vita) IbtflOOO It* M flnljtipfl sshctrrn r r>lu* i tion. which may be discharged to a pub point source subject to the provisions of CrtO............. ....... 030.......--... licly owned treatment works by a new point source subject to the provisions of this subpart after application of the best practicable control technology currently .................. au................. pd.................... .........ftltrhairacovOmOto *o.1n5 this subpart: available: HDriAl U315TE1, YOU 40, NO. n X 415478 IRIS XUlcS AND XEOULATrONS found to exist. tha KrylnnnJ Administra tor or the State shall establish ter tba dtschargsr effluent limitations in tha HPDES penult either more or lma strin gent than the limitations established herein, to tha rvtant dictated by such different factors. 3uch limitations mart ba aorrored by tha Ad ministrator of tha Znriroame'iLal Frotactioa Aacaney. Tha Administrator nuty approre or disapprove each Hinltallnnii. specify o'her UmltaUona. or Initiate pro ceedings to rerlsa than regulations. fb) Tha following limitation* establlsh the quantify or quality of pollutants or pollutant properties, controlled by this section, which may ba discharged by a point source subject to the provisions of this subpart altar application of tba beat practicable control technology currently available: rtuSmAuarmutu* XOnaot Usauasot Mulmim far Avui*lunwsfaarfddU*(rltyr ni on 4r onimenllv* Can (Metals nulls) ka/looSHdaBOfslr.'mibbsd Tptlwl_..... oW.oUs_b_la_(.f.a.s... mitt*SS to !).& aos (XacSdi aulli) IbsfMM no n R o( sin erabtnO Tsa_as............ pH_______ ____WilhlBUIs ....................... rungs San# 3 427.112 Efllaent limitations guidelines representing the degrea of efllaent redaction sttshubl# by ill# applica tion of th# beat available technology economically achievable. The following limitations establish tha quantity or quality of pollutants or pol lutant properties which may ba dls- chargad by a point source subject to tba provirtom of this subpart after applica tion of am beet available technology BRonnmtrany achievable: there than ba no discharge of waeto water pollutants to narigmble waters. [starved] { 427.1TS Standard* of performance fee The following vtondards of perfarmsneo establish tha quantity or quality at pollutants or pollutant propertlas which may ba discharged by a new source sub ject to the provisions of this subpart: tbsra shall be no discharge of waste water pollutants to navigable waters. 3 427.116 Pr*treatment standards for The pretnatment standards under section 307(c) of the Act for a new source within the wet dust collecticn subcate gory which la a user of a publicly owned treatment worts and a major contribut ing Industry as defined In 40 CFR 128, for misting sources (and which would be a new point source subject to section 30* of the Act If It wen to discharge poOutanta to tire navigable waters). shall be the same standard aa set forth In 40 CFB Fart 122. except that, for the pur pose of Ibis section. 40 CFR 138.121. 12*122. 128.132 and 128.133 shall not apply. Tha following pretnatment standard establishes tha quantity or quality of pollutants or pollutant prop erties. controlled by this section, which may ba discharged to a publicly owned heshnent worts by a new point source subject to the prorlslona of this subpert. FoJfetsat or poOstent PretreeJewn* property standard pH--------------- -------- ------------- - Ho "--1*1*1-- COD Do. TS8_____ ___ _------------- Do. [da Doo.7t-8CS Piled l-#-T;8:4# seal A8 t?3 noMAi. uoirm. vot. so, mo. *--mmsoAT, jamuasy t, ms \\ \ Ot FART 427--ASBEST03 MANUFACTURING POINT SOURCE CATEGORY RULES AND REGULATIONS 5 ^ G444 Tha table of contents Is amended by addins the following new .sections to the indicated subparts: 3*0. 4TM4 Mtwatmvat standards for utettag Pollutant or pollutant proparty: PH TSS . standard ito um* Do. 3. Subpart C is amandsd bp addlatf | 437.34 as follow*: shall not spply. Hie following pr-treat- m-nt standard estehilshas tha quantity or quality of pollutants orpeUutaa. prop erties controlled by this aectloc. which may be discharged to a publicly owned treatment works by a point source sub Subvert B litusHM fiwil Sheet lidainiii) 427.34 Pmreah LiUaMi foe i ject to tha provisions of this snbpart. 42724 Pretrteimem ataacUrds for exiatlag Nht tSWteli BMari 42734 Pitoeetment standards for tourcaa. Tnbgert B i>rtii Paeer (Oartaenart* Binder) Yneraneaiy 427.44 Prill1aarinelit standards for ioureas. 42734 Pntraaonint standards for aalaUnt 42734 ftatnatsuat standards far tnxtlng Tlla 427.74 Pretreatment standards for axistlni oureas. Bart 427 is amended es follow*: L Subpart A Is amended by adding 1427.14 as fallows: 1427.14 btingi Hie pretreatment standards under section 307(b) of the Act for a source within the mleitoe mnwnt pipe icb- The pretreabnent standard* under section 307(b) of tha Act for a source within the eshestoe paoer (starch bind er) subcategmy which is a user of a pub licly owned treatment works and a major contributing Industry as defined in 40 CFH Part 128 (and which would be an existing point source subject to section 301 of the Act. If It were to discharge pollutants tu the. navigable waters), shall be tha standard sat forth In 40 CFR Part 128, except that, for tha purpose of this section. 40 CFR 228.121. 128.122, 138.132. and 128023 shall not apply. Hie following pretreabnent standard estab lishes the quantity or quality of pollut ants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart. Miliptaronpteortryp: oilwteeS PH. TSS . 4. Subpart D is amended by adding 1427.44 as follow*r Militant os poUntena rrtinatman* property: itaSog ipnHis _ WolIfnlUtlrr* __ !30k 8. Subpert F Is tinended by adding 1427.84 eefoCowa: 5427.64 Pnurnitnaml rlni1iTi-4i f-- --- Hie pretrseboeatstandard*under sec tion 307(b) of the Act for a source within the tthtr*-r roofing subcategory woieh Is a user of a publicly owned treatment works and a major contributing industry as definedin 40 CFR Part 128 (snd which would be. an existing point source sub ject to section 301 of the Act. if it were tc dlscbarge pollutants to the uarigabla waters), shall be the standard sat forth In 40 CFR Part 128. except that, tor the purpose of this section. 40 C7R 128221. 128.122. 128.132. and 138.133 shell cot apply. The following pntreatruent stand ard establishes the quantity or quality cf pollutants or pollutant properties con trolled by tola section which gray be dis charged to a publlcir owned; treatment works by a point source subject to the provisions of this rubpart. categery which is a user at a publleJy owned treatment works and a major cootributSsg industry as defined in 40 CTO Part 128 (and which would be an --point source subject to section 301 of the Act. if it wen to discharge pollutants to the navigable waters), shell be the standard set forth in 40 CPU Part 128, except that, for the purpose of this section, 40 CPU 128.121. 128.123. 128.132. snd 128.133 shall not apply. Hu fallowing pretreatment standard estab lishes the quantity or quality of pollu tants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart. Militant or pollutant property: pH----------------- ftstrwliMsi /tangent Ho! Do. 3. Subpart B Is amended by d.Hg 1427.24 as follows: g 427.24 Proteose lasing i l rtnadarde for i Hie pretreatment standards under section 307(b) at the Act for a source 427.44^ Priruie--I nmuUria tar *. Pollutant or pollutant property: Prwtrcatmeite standard The pretreabnent standards under section 307(b) of tha Act for a source within the jubestos paper (elastomeric pH-----------------------------COD _________________ T3B_________________ Ho limitation. Do. Do. binder) subcategory which is e user of a publicly owned treatment works and a major contributing industry as defined in 40 era Part 128 (and which would be an existing point source subject to sec 7. Subpart O Is amended by adding i 427.74 as follows: 8 427.74 Pi ati aatment ttandard* for ex isting eoorces. tion 301 of the Act. if It were to dis The pretreaunent standards under charge pollutants to the navigable wa section 307(b) of the Act for a source ters) . shall be the standard set forth In within the asbestos floor tile subextejorr 40 CFR Port 128. except that, for the which is a user of a publicly owned treat purpose of this section. 40 CFR 128.121. ment works and a major contributing 128.122, 128.132. sol 128.133 shea not Industry as defined In 40 CFR Part 123 spply. Hie following pretreabnent (and which would be an existing point standard establishes the quantity or source subject to section 301 of the Act. quality of pollutants or pollutant pro If It wen to discharge pollutants tc tha perties controlled by this section which navigable waters), shall be the standard may be discharged to a publicly owned treobnent weeks by a point source sub ject io the provision* ot this tubparh Mlutaat or pollutant property: pH------------------------------------ Hwtimitauoo. waa do. set forth In 40 era Part 128. except that, for the purpose of this section. 40 era 123.121. 123.123. 128.132. snd *28.133 shall not apply. Tha following pretreatmoat standard establish** tha quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a puoilciy 5. Bubpsrt B Is amrudsd by adding owned treatment works by a point source within the asbestos-cement sheet sub- f 42T.S4 as follows: subject to the provulana of this subp&rt. category which is s user of a publicly owned treatment works and a major con tributing industry as defined in 40 CPU Part 128 (and which would be an exist ing point source subject to section 301 of the Act. IX It were to discharge pollut ants to the navigable waters), shall be the standard set forth in 40 CFR. Part 8427-54- Pitliwlatu itadwAJar n. Tha pretreabnent standards under section 307(b) of the Act for a source within the asbestos millboard subeategnty which la a user of a publicly owned treatment works and a major contribut Mlataat or pcllutea* propwty: pH COD------------------------------- TSS-------------------------- Pretsot^nant standard Ho limitation. Do. Do. 128. except that, for the purpose of this section. 40 CFR 128 121. 128.122. 128.132 ai ila.133 shall not apply. The follow ing pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by, this section which may be discharged to a publicly owned treatment works by a ing Industry as defined In 48 CFR Fart 138 (snd which would be an idetingpoint source subject to sacBun 101 of the Act, If it wen to discharge pollutants to the navigable waters). shall be the stand ard, set forth in 40 era Part 128. except that, for the purpose of this section. 40 CFR 128221.128J22.12t.I32.and 128233 A08 1 7 4 point source subject to the provisions of this subpart. FIOeSAi UMM, YOU 40, NO. M--IDOBAT, roaUASY 11, ms X 415481 X415482 RULES AND REGULATIONS suB&MFm k--muocr euneunu amo STANDAWS (iUi 38-D PART 427--ASBESTOS MANUFACTURING POINT SOURCE CATEGORY Corrections In PH Doe. 75-268 appearing on pages 1874 through 1878 In the Isue of Janu- six 9,1975, males tha following ehsaiee: 1. Ob pan 1878. paragraph 'b) of I 437.83 la corrected In tha eighth Una of that paragraph bp adding the wort "process" Imrnwitataly following tha wort "of" and immediately before tha wort "waste." 2. On pace 1878, 1427.83 la corrected In the etcfcth llna of that section by add ins the wort "proceaa" Immediately fol lowing the wort "of" and hnrwdlataly before tha wort "waste." 3. On pan 1878, i 427.88 la corrected la tha sixth llna of that section by sitting tha wart "procaw" Immurtlatety follow- Ing tha wort "of" and Immediately before the word "waste." 4. On paga 1877, paragraph (b) of 1437.103 la corrected m tha eighth Una of that paragraph to' adding the wort "prorwa" foDowtng tha word "of and immediately before tha worn "waste." 8. On paga 1877, I 437.103 la corrected in tha eighth llna of that section by add ing tha wort "pr'xeee" Immediately fol lowing the wort "of" and Immediately before the word "waste." 8. On pan 1877. 1427.108 la corrected m the sixth line of that section by add ing the word "process" immediately fol lowing the wort "of* and immediately before tha wort "waste." 7. On page 1878, tha heading of the English units portion of tha table ap pearing in } 427J12(b) now reads " (Eng lish. units) Vbe/lDt std In ft cf aha crabbed"; tha heading should read: "<T2tBiti units) Xba/UH std eu ft of air jKrafitoods1* X On paga 1878, 1427J1B la conactsd hi tha sixth llna of that section by add ing tha went "process" fanrnsdlatsly fol lowing tha word "a!" and ImmedHMy before the wort "waste." Dated: April 14. 1975. Ciuaus L. Etxzwe, Acting Assistant Administrator for Water and Hazardous Material*. tr* Doo.TS-10790 POsd 4-S*-78:a- m) 1S172 A 08 t7h F808RA1 uwsm, VOC 40, NO. 11-htlOAT, AMtt 38, lt75 X415483 X4 154-B4