13.0  Non Water Quality Impacts 13.0 NON WATER QUALITY IMPACTS Sections 304( b) and 306 of the Clean Water Act require EPA to consider non water quality environmental impacts ( including energy requirements) associated with effluent limitations guidelines and standards. To comply with these requirements, EPA considered the potential impact of the MP& M final rule on energy consumption, air emissions, and solid waste generation. Section 9.0 discusses the final rule technology options.

While it is difficult to balance environmental impacts across all media and energy use, the Agency has determined that the benefits associated with compliance with the limitations and standards justify the multimedia impacts identified in this section ( see Chapters 12 through 16 of the Economic, Environmental, and Benefits Analysis of the Final Metal Products and Machinery Rule ( EEBA) ( EPA 821 B 03 002) for a discussion on the environmental benefits associated with this final regulation).

Section 13.1 discusses the energy requirements for implementing wastewater treatment technologies at MP& M facilities. Section 13.2 presents the impact of the technologies on air emissions, and Section 13.3 discusses the impact on wastewater treatment sludge and waste oil generation. Section 13.4 presents the reference used in this section.

13.1 Energy Requirements EPA estimates that compliance with this rule will result in a net increase in energy consumption at MP& M facilities. Table 13 1 presents estimates of energy usage for the selected technology option.

Table 13 1 Energy Usage for the Selected Technology Option Selected Option Incremental Energy Requireda ( kiloWatt hrs/ yr)

Basic Technology with Water Conservation and Pollution Prevention   Option 6: End of pipe chemical emulsion breaking and gravity separation; plus in process flow control and pollution prevention technologies ( Oily Wastes). 350,676 Source: EPA Costs & Loadings Model. a The amount of additional energy required ( from baseline) if the technology option is implemented, summed for all regulated facilities.

This annual incremental net energy increase for the MP& M final rule is minimal (< 0.001 percent) when compared with the total electricity used by the entire United States in 1997 ( 3,123 billion kiloWatt hours ( KWH)) ( 1). Additionally, EPA expects that this small increase in energy usage will not result in any increase of air emissions impacts from the electric power generation facilities providing the additional energy.

13 1 13.0  Non Water Quality Impacts 13.2 Air Emissions Impacts The in process and end of pipe technologies included in the technology options for this rule do not generate significant air emissions. The additional air emissions generated by the technology options will not hinder facilities  ability to comply with EPA s national emission standards for hazardous air pollutants ( NESHAPs).

EPA is developing NESHAPs under Section 112 of the Clean Air Act ( CAA) to address air emissions of the hazardous air pollutants ( HAPs) listed in Section 112( b) of the CAA. Below is a list of current and upcoming NESHAPs that affect MP& M sites ( see EPA s Air Toxics Web site, http:// www. epa. gov/ ttn/ atw/, for more information and updates):

  Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks  Proposed December 16, 1993 and promulgated on January 25, 1995;

  Halogenated Solvent Cleaning  Proposed November 29, 1993 and promulgated on December 2, 1994;

  Aerospace Manufacturing  Proposed June 6, 1994 and promulgated on September 1, 1995;

  Shipbuilding and Ship Repair ( Surface Coating)  Proposed December 6, 1994 and promulgated on December 15, 1995;

  Large Appliances ( Surface Coating)  Proposed December 22, 2000 and promulgated on July 23, 2002;

  Metal Furniture ( Surface Coating)  Proposed April 24, 2002;

  Metal Can ( Surface Coating)  Signed November 26, 2002;

  Automobile and Light Duty Truck Manufacturing ( Surface Coating)  Signed November 26, 2002; and   Miscellaneous Metal Parts and Products ( Surface Coating)  Proposed August 13, 2002.

These NESHAPs define the maximum achievable control technology ( MACT) for emissions of HAPs. Like effluent guidelines, MACT standards are technology based. The CAA specifies criteria for determining MACT for new and existing sources.

Halogenated HAP solvents ( e. g., methylene chloride, perchloroethylene, trichloroethylene, 1,1,1 trichloroethane, carbon tetrachloride, and chloroform) used for cleaning 13 2 13.0  Non Water Quality Impacts in the MP& M industry can be a source of hazardous air emissions. EPA believes the final MP& M rule will not affect the use of solvents containing halogenated hazardous air pollutants in the MP& M industry. This rule neither requires nor discourages the use of aqueous cleaners in lieu of halogenated HAP solvents.

Additionally, because the final rule would not allow any less stringent control of VOCs or organic HAPs than is currently in place at MP& M facilities, EPA does not predict any net increase in air emissions from volatilization or organic pollutants due to the final rule. As such, EPA expects no adverse air impacts to occur as a result of the final rule.

13.3 Solid Waste Generation Solid waste generated at the regulated MP& M sites consists of waste oil removed in wastewater treatment. EPA estimates that compliance with this final rule will result in an increase in MP& M waste oil generation.

Based on the Agency s detailed questionnaire, EPA estimates that MP& M facilities covered by this final rule generated 13.5 million gallons of waste oil in 1996. Table 13 2 presents the amount of additional waste oil expected to be generated as a result of implementing the technology option.

Table 13 2 Waste Oil Removed by the Selected Option Selected Option Incremental Waste Oil Removeda ( million gal/ yr)

Basic Technology with Water Conservation and Pollution Prevention   Option 6: End of pipe chemical emulsion breaking and gravity separation; plus in process flow control and pollution prevention technologies ( Oily Wastes). 2.4 Source: MP& M Costs & Loadings Model. a The amount of additional oil removed ( from baseline) if the technology option is implemented, summed for all regulated facilities.

Removing oil from MP& M wastewater prior to discharge to surface waters results in an increase in waste oil generation from baseline to the final rule option ( Option 6). The increase in waste oil generation reflects better removal of oil from the wastewater, and does not reflect an increase in overall oil use at MP& M facilities.

MP& M facilities usually either recycle waste oil on or off site, or contract for off site disposal of the waste oil as either a hazardous or nonhazardous waste. For the purpose of compliance cost estimation, EPA assumed that all sites contracted for off site disposal of waste oil; however, EPA expects that some of the waste oil can be recycled either on or off site.

13 3 13.0  Non Water Quality Impacts 13.4 References 1. The Energy Information Administration. Electric Power Annual 1998 Volume 1 , Table A1, 1998. http:// www. eia. doe. gov/.

13 4 14.0  Long Term Averages and Effluent Limitations and Standards 14.0 LONG TERM AVERAGES AND EFFLUENT LIMITATIONS AND STANDARDS This section presents the MP& M effluent guidelines for each regulatory level of control required by the Clean Water Act ( CWA) for direct and indirect dischargers, and presents the technology basis for the limitations and standards. Section 2.0 provides more details on the different regulatory levels of control. Direct dischargers are sites that discharge wastewater to a surface water. Indirect dischargers are sites that discharge wastewater to a publicly owned treatment works ( POTW).

EPA is only promulgating limitations and standards for direct dischargers ( existing and new) for one of the subcategories in the January 2001 proposal: Oily Wastes. These limitations and standards are codified in 40 CFR 438, Subpart A. The final limitations are concentration based limitations with an allowable pH range.

EPA decided not to establish limitations for existing and new direct dischargers in seven subcategories listed in the January 2001 proposal ( General Metals, Metal Finishing Job Shops, Printed Wiring Board, Non Chromium Anodizing, Steel Forming and Finishing, Railroad Line Maintenance, and Shipbuilding Dry Dock). EPA also decided not to establish standards for new and existing indirect dischargers ( PSES and PSNS) for all eight subcategories listed in the January 2001 proposal ( including the Oily Wastes Subcategory in the final MP& M rule).

Sections 14.1 through 14.8 discuss EPA s rationale for the selected technology options and summarize the effluent guidelines for each of the regulatory levels of control for each of the subcategories listed in the January 2001 proposal. Section 10.0 contains detailed information on those facilities whose data EPA used to calculate the BPT limitations, and presents the statistical methodology for developing numerical limitations. Section 9.0 describes in detail all of the MP& M technology options evaluated for the final rule, and Sections 11.0 and 12.0 discuss estimated compliance costs and pollutant loadings and removals, respectively, for these technology options. All supporting economic and financial analyses can be found in the Economic, Environmental, and Benefits Analysis of the Final Metal Products & Machinery Rule ( EEBA) ( EPA 821 B 03 002). Cost effectiveness analyses can be found in the EEBA and Section 26.0 of the rulemaking record, DCN 37900.

EPA is promulgating performance based limitations and standards to control direct discharges; these limitation and standards do not require the use of any particular pollution prevention or wastewater treatment technology. Rather, a facility may use any combination of pollution prevention and wastewater treatment technology to comply with the limitations. Direct dischargers must also comply with NPDES regulations ( 40 CFR 122).

14.1 General Metals Subcategory EPA is not revising or establishing any limitations or standards for facilities that would have been subject to this subcategory. Such facilities will continue to be regulated by the 14 1 14.0  Long Term Averages and Effluent Limitations and Standards General Pretreatment Standards ( Part 403), local limits, permit limits, and Parts 413 and/ or 433, as applicable.

14.2 Metal Finishing Job Shops Subcategory EPA is not revising any limitations or standards for facilities that would have been subject to this subcategory. Such facilities will continue to be regulated by the General Pretreatment Standards ( Part 403), local limits, permit limits, and Parts 413 and/ or 433, as applicable.

14.3 Non Chromium Anodizing Subcategory EPA is not revising limitations or standards for any facilities that would have been subject to this subcategory. Such facilities will continue to be regulated by the General Pretreatment Standards ( Part 403), local limits, permit limits, and Parts 413 and/ or 433, as applicable.

14.4 Printed Wiring Board Subcategory EPA is not revising any limitations or standards for facilities that would have been subject to this subcategory. Such facilities will continue to be regulated by the General Pretreatment Standards ( Part 403), local limits, permit limits, and Parts 413 and/ or 433, as applicable.

14.5 Steel Forming and Finishing Subcategory EPA is not revising limitations or standards for any facilities that would have been subject to this subcategory. Such facilities will continue to be regulated by the General Pretreatment Standards ( Part 403), local limits, permit limits, and Iron and Steel effluent limitations guidelines ( Part 420) as applicable.

14.6 Oily Wastes Subcategory EPA is promulgating limitations and standards for existing and new direct dischargers in the Oily Wastes Subcategory based on the proposed Option 6 technology ( see Section 9.0). EPA is not promulgating pretreatment standards for existing or new indirect dischargers in this subcategory.

14.6.1 Best Practicable Control Technology ( BPT)

As discussed in Section 9.7.1, EPA is establishing BPT pH limitations and daily maximum limitations for two pollutants, oil and grease as hexane extractable material ( oil and grease ( as HEM)) and total suspended solids ( TSS), for direct dischargers in the Oily Wastes Subcategory based on the proposed technology option ( Option 6). Option 6 technology includes 14 2 14.0  Long Term Averages and Effluent Limitations and Standards the following: ( 1) in process flow control and pollution prevention, and ( 2) oil/ water separation by chemical emulsion breaking and skimming ( see Section 9.0 for additional details on the Option 6 technology).

In its analyses, EPA estimated that facilities will monitor once per month for oil and grease ( as HEM) and TSS. EPA expects that 12 data points for each pollutant per year will yield a meaningful basis for establishing compliance with the promulgated limitations through long term trends and short term variability in oil and grease ( as HEM) and TSS pollutant discharge loading patterns.

Although EPA is not changing the technology basis from that proposed, EPA is revising all of the proposed Oily Wastes Subcategory BPT limitations. This is due to incorporation of additional data and revisions to the data sets used to calculate the promulgated limitations ( see 67 FR 38754).

Table 14 1 BPT Effluent Limitations for the Oily Wastes Subcategory Regulated Parameter Maximum Daily mg/ L ( ppm)

Total Suspended Solids ( TSS) 62 Oil and Grease ( as HEM) 46 pH a aDischarges must remain within the pH range 6 to 9.

These BPT limitations regulate process wastewater discharges from   oily operations  at existing or new direct dischargers engaged in manufacturing, rebuilding, or maintenance of metal parts, products, or machines used in any of the 16 industrial sectors listed in Section 1.1 and 40 CFR 438.1. EPA has defined   oily operation  in Section V. A of the preamble to the final rule, 40 CFR 438.2( f), and Appendix B to Part 438.

Wastewater discharges from other subcategories listed in the January 2001 proposal will continue to be regulated by existing categorical regulations ( e. g., 40 CFR 413, 433, 420), General Pretreatment Standards ( 40 CFR 403), local limits, or permit limits. When a facility segregates " oily operations" process wastewaters from other process wastewaters, the NPDES permit writer will use the limitations and standards in the final rule for those " oily operations" process wastewaters ( 40 CFR 438). When a facility commingles " oily operations" process wastewaters with other process wastewaters already covered by other effluent limitations guidelines or with process wastewaters from metal bearing operations ( as defined in 438.2), the entire commingled stream is not regulated by the final rule. This provision must be examined for each point source discharge at a given facility and is codified at 438.1( b).

14 3 14.0  Long Term Averages and Effluent Limitations and Standards 14.6.2 Best Conventional Pollutant Control Technology ( BCT)

EPA is promulgating effluent limitations for conventional parameters ( e. g., pH, TSS, oil and grease) equivalent to BPT for this subcategory because it identified no technologies that can achieve greater removals of conventional pollutants than the selected BPT technology basis that also pass the BCT cost test ( see Section 9.7.2).

14.6.3 Best Available Technology Economically Achievable ( BAT)

EPA proposed to control toxic and nonconventional pollutants by using BAT limitations based on Option 6 technology. As described in Section 9.7.3, EPA is not promulgating BAT limitations for specific pollutant parameters. EPA will achieve control of toxic organics and other priority and nonconventional pollutant discharges in Oily Wastes Subcategory process wastewaters through use of the oil and grease ( as HEM) limitation.

14.6.4 New Source Performance Standards ( NSPS)

EPA is promulgating NSPS that would control pH and the same conventional pollutants controlled at the BPT and BCT levels ( see Section 9.7.4).

14.6.5 Pretreatment Standards for Existing Sources ( PSES)

EPA proposed to establish PSES for existing indirect dischargers in the Oily Wastes Subcategory based on the Option 6 technology ( i. e., the same technology basis that is being promulgated for BPT/ BCT/ NSPS for this subcategory) with a   low flow  exclusion of 2 million gallons per year ( MGY) to reduce economic impacts on small businesses and administrative burden for control authorities. EPA is not promulgating PSES for existing indirect dischargers in the Oily Wastes Subcategory ( see Section 9.7.5). These facilities remain subject to the General Pretreatment Standards ( 40 CFR 403) and local limits, as applicable.

14.6.6 Pretreatment Standards for New Sources ( PSNS)

EPA proposed to establish PSNS for indirect dischargers in the Oily Wastes Subcategory based on the Option 6 technology ( i. e., the same technology basis that is being promulgated for NSPS for this subcategory) with a   low flow  exclusion of 2 MGY to reduce economic impacts on small businesses and reduce administrative burden to POTWs. EPA rejected Option 6 technology as the basis for PSNS in the Oily Wastes Subcategory. EPA has selected   no further regulation  for new Oily Wastes Subcategory indirect dischargers and is not revising PSNS for new Oily Wastes Subcategory indirect dischargers ( see Section 9.7.6). These facilities remain subject to the General Pretreatment Standards ( 40 CFR 403) and local limits, as applicable.

14 4 14.0  Long Term Averages and Effluent Limitations and Standards 14.7 Railroad Line Maintenance Subcategory EPA is not establishing limitations or standards for any facilities that would have been subject to this subcategory. Permit writers and control authorities will establish controls using best professional judgment ( BPJ) to regulate wastewater discharges from these facilities.

14.8 Shipbuilding Dry Dock Subcategory EPA is not establishing limitations or standards for any facilities that would have been subject to this subcategory. Permit writers and control authorities will establish controls using BPJ to regulate wastewater discharges from these facilities.

14 5 15.0  Implementation 15.0 IMPLEMENTATION This section provides guidance to permit writers and the regulated community for implementing the MP& M effluent limitations guidelines and standards. Section 15.1 describes the MP& M effluent guidelines  applicability, Section 15.2 summarizes compliance dates, Section 15.3 presents guidance on developing limits, and Section 15.4 summarizes monitoring requirements.

15.1 Applicability of the MP& M Effluent Guidelines The MP& M Point Source Category regulates oily operation process wastewater discharges to surface waters from existing or new industrial facilities ( including facilities owned and operated by federal, state, or local governments) engaged in manufacturing, rebuilding, or maintenance of metal parts, products, or machines for use in any of the 16 MP& M industrial sectors. Please note the underlined language in the previous sentence. A facility may be subject to the MP& M effluent guidelines even if it is not in one of the MP& M industrial sectors. For example, EPA considers a facility performing machining as part of the   Bus & Truck  industrial sector if it maintains metal parts for truck trailers. Process wastewater means wastewater as defined at 40 CFR 122 and 401, and includes wastewater from air pollution control devices ( see 40 CFR 438.2( g)). EPA notes that the MP& M effluent guidelines only regulate process wastewaters from wet air pollution control for organic constituents ( see 40 CFR 438.2( f)). Oily operations are listed at 40 CFR 438.2( g) and defined in Appendix B to Part 438 ( see also Section 4.0 of this document).

Manufacturing is the series of unit operations necessary to produce metal products and is generally performed in a production environment. Rebuilding/ maintenance is the series of unit operations necessary to disassemble used metal products into components, replace the components or subassemblies or restore them to original function, and reassemble the metal product. Rebuilding and maintenance operations are intended to keep metal products in operating condition and can be performed in either a production or a nonproduction environment. The 16 industrial sectors are described in further detail in the following subsection. Additionally, some facilities are excluded by definition from the MP& M effluent guidelines ( see Section 15.1.3).

EPA collected data on a wide variety of facilities engaged in manufacturing, rebuilding, or maintenance of metal parts, products, or machines for use in the 16 MP& M industrial sectors ( see Section 3.0). The range of manufacturing, rebuilding, or maintenance operations involved the following types of metal parts, products, or machines: ( 1) parts, products, or machines composed of metal or metal alloys, and/ or ( 2) parts, products, or machines with metal surfaces. In particular, EPA notes that metal parts or products can have a nonmetal substrate with a metal surface. For example, a plastic part with a metal surface is considered a   metal part  under MP& M effluent guidelines when it is manufactured, rebuilt, or maintained for use in one of the 16 industrial sectors. Oily operation process wastewaters on this metal part would be subject to the MP& M effluent guidelines provided there are no exclusions from the 15 1 15.0  Implementation guidelines as described in the applicability section of the rule. Another specific example of a metal part is a laminate composed of a metal surface and nonmetal substrate. In this particular case, the laminate manufacturing process involves pressing a fiberglass web between two sheets of copper foil for a part in electronic equipment. If a facility performs oily operations on this laminate ( a   metal part  because it has a metal surface), then any resulting process wastewater would be subject to the MP& M effluent guidelines provided there are no exclusions from the guidelines as described in the applicability section of the rule. EPA notes that lead crystal is not a metal part or product as it does not have a metal surface.

15.1.1 MP& M Industrial Sectors The MP& M Point Source Category encompasses manufacturing, rebuilding, or maintenance of metal parts, products, or machines for use in the following industrial sectors:

  Aerospace;

  Aircraft;

  Bus and Truck;

  Electronic Equipment;

  Hardware;

  Household Equipment;

  Instruments;

  Mobile Industrial Equipment;

  Motor Vehicle;

  Office Machines;

  Ordnance;

  Precious Metals and Jewelry;

  Railroad;

  Ships and Boats;

  Stationary Industrial Equipment; and   Miscellaneous Metal Products.

The MP& M sectors manufacture, maintain, and rebuild metal products under more than 200 different Standard Industrial Classification ( SIC) codes. Typical products in the MP& M industrial sectors are listed in Appendix A to 40 CFR 438 and Appendix A of this document includes a list of example SIC codes and North American Industrial Classification System ( NAICS) codes that may further clarify the description of the above industrial sectors.

The final rule also covers direct discharges of wastewater from MP& M operations related to maintenance and repair of metal products, parts, and machinery at military installations ( i. e., federal facilities) as well as facilities owned or operated by state or local governments. For example, the rule covers wastewater generated from the maintenance and repair of aircraft, cars, trucks, buses, tanks ( or other armor personnel carriers), and industrial equipment   these operations are commonly performed at military installations and state or local government maintenance facilities.

15 2 15.0  Implementation The MP& M effluent guidelines do not apply to maintenance or repair of metal parts, products, or machines that takes place only as ancillary activities at facilities not included in the 16 MP& M industrial sectors. EPA estimates that these ancillary repair and maintenance activities would typically discharge de minimis quantities of process wastewater. For example, wastewater discharges from repair of metal parts at oil and gas extraction facilities are not subject to the final rule. The Agency has concluded that permit writers will establish limits using best professional judgment ( BPJ) to regulate wastewater discharges from ancillary waste streams for direct dischargers ( see 66 FR 433). EPA has not received any information during the rulemaking that would contradict this conclusion.

Alternatively, EPA is including oily operation process wastewater discharges from activities related to maintaining or repairing aircraft or other related ( metal) equipment ( e. g., baggage handling vehicles) at airports when those oily operation process wastewaters are not already covered by another effluent guidelines regulation ( see Section 15.1.3).

15.1.2 Regulated Subcategory in the MP& M Effluent Guidelines EPA evaluated the following subcategories for the MP& M final rule: General Metals, Metal Finishing Job Shops, Non Chromium Anodizing, Printed Wiring Board, Steel Forming and Finishing, Oily Wastes, Railroad Line Maintenance, and Shipbuilding Dry Dock. See Section 6.0 for a further discussion on the subcategorization structure EPA evaluated for the final rule. As discussed in Section 9.0, the MP& M effluent guidelines apply only to facilities in the Oily Wastes Subcategory ( 40 CFR 438, Subpart A). The Oily Wastes Subcategory applies to all of the 16 industrial sectors listed in the previous section. Section 6.0 further defines the Oily Wastes Subcategory.

15.1.3 Facilities Not Subject to the MP& M Effluent Guidelines Certain facilities and process wastewaters are not subject to the MP& M guidelines. These are listed at 40 CFR 438.1 ( b) through ( e) and are more fully described below.

Overlap With Metal Bearing Operations and Existing Effluent Limitations Guidelines and Standards MP& M effluent guidelines do not apply to process wastewaters from metal bearing operations ( see Section 4.0) or process wastewaters that are subject to the limitations and standards of other effluent limitations guidelines ( e. g., Metal Finishing ( 40 CFR 433) or Iron and Steel Manufacturing ( 40 CFR 420)). EPA also established effluent guidelines for 11 other industries that may perform unit operations or process parts that are sometimes found at MP& M sites. These effluent guidelines are:

15 3 15.0  Implementation   Electroplating ( 40 CFR 413) 1 ;

  Nonferrous Metals Manufacturing ( 40 CFR 421);

  Ferroalloy Manufacturing ( 40 CFR 424);

  Battery Manufacturing ( 40 CFR 461);

  Metal Molding & Casting ( 40 CFR 464);

  Coil Coating ( 40 CFR 465);

  Porcelain Enameling ( 40 CFR 466);

  Aluminum Forming ( 40 CFR 467);

  Copper Forming ( 40 CFR 468);

  Electrical & Electronic Components ( 40 CFR 469); and   Nonferrous Metals Forming & Metal Powders ( 40 CFR 471).

Under the proposed rule, there was overlapping coverage between Parts 413, 433, and the proposed Part 438. See Table 15 1, which clarifies the coverage of Parts 413 and 433 and new Part 438 with respect to the subcategories evaluated for regulation in the final rule.

In general, when unit operations and their associated wastewater discharges are already covered by an existing effluent guideline, they will remain regulated under that effluent guideline. Additionally, these wastewater discharges will continue to be regulated by General Pretreatment Standards ( 40 CFR 403), local limits, and permit limits, as applicable. The limitations and standards in the Oily Wastes Subcategory ( 40 CFR 438, Subpart A) apply to process wastewater generated by   oily operations  that are discharged directly to surface waters and are not otherwise covered by other effluent limitations guidelines and standards.

The MP& M effluent guidelines also do not apply to process wastewaters from oily operations commingled with process wastewaters already covered by other effluent limitations guidelines or with process wastewaters from metal bearing operations. When a facility segregates oily operation process wastewaters from other process wastewaters, the NPDES permit writer will use the MP& M limitations and standards for those oily operation process wastewaters and use the applicable limitations and standards for their other discharges. When a facility commingles oily operation process wastewaters with other process wastewaters already covered by other effluent limitations guidelines or with process wastewaters from metal bearing operations, the entire commingled stream is not regulated by the MP& M limitations and standards. This provision must be examined for each point source discharge at a given facility and is codified at 40 CFR 438.1( b).

Table 15 1 summarizes the coverage of industrial operations by each MP& M subcategory evaluated for the final rule.

1Part 413 applies only to indirect discharging job shops and independent printed circuit board manufacturers in operation prior to August 31, 1982.

15 4 15.0  Implementation Table 15 1 Clarification of Coverage by MP& M Subcategory Evaluated for the Final Rule Subcategory Evaluated for the Final Rule Continue to Cover Under 40 CFR 413a ( Electroplating) Continue to Cover Under 40 CFR 433 ( Metal Finishing) Cover Under 40 CFR 438 ( Metal Products & Machinery)

General Metals ( Including Continuous Electroplaters) b Existing indirect dischargers covered by Part 413. New and existing direct and indirect dischargers covered by Part 433. None Metal Finishing Job Shops Existing indirect dischargers covered by Part 413. New and existing direct and indirect dischargers covered by Part 433. None Non Chromium Anodizing Existing indirect dischargers covered by Part 413. New and existing direct and indirect dischargers covered by Part 433. None Printed Wiring Board ( Printed Circuit Board) Existing indirect dischargers covered by Part 413. New and existing direct and indirect dischargers covered by Part 433. None Steel Forming and Finishingc NA NA None Oily Wastes NA NA All new and existing direct dischargers under this subcategory ( See 438.10).

Railroad Line Maintenance NA NA None Shipbuilding Dry Dock NA NA None NA  Not applicable. a Part 413 applies only to indirect discharging job shops and independent printed circuit board manufacturers in operation prior to August 31, 1982. b Part 413 specifically excludes continuous electroplaters. Instead they are covered by Part 433. c These facilities will continue to be subject to Part 420.

15 5 15.0  Implementation Applicability of MP& M Effluent Guidelines to Washing Operations Wastewater discharges resulting from the washing of cars, aircraft, or other vehicles, when performed only for aesthetic or cosmetic purposes, are not subject to the MP& M effluent guidelines. Direct discharges resulting from the washing of cars, aircraft, or other vehicles, when performed as a preparatory step prior to one or more successive manufacturing, rebuilding, or maintenance operations, are subject to the MP& M effluent guidelines. This provision is codified at 40 CFR 438.1( c). For example, if an auto repair facility washes a vehicle in order to perform painting ( an oily operation covered by the final rule), that wash water from the vehicle is considered an oily operation process wastewater. Aesthetic or cosmetic wastewater discharges commingled with directly discharged MP& M oily operation process wastewaters must be accounted for as nonregulated wastewaters using the building block approach to develop facility specific permits limits ( see Section 15.3 for additional information on using the building block approach).

Applicability of MP& M Effluent Guidelines to Railroad Line Maintenance Facilities and Railroad Overhaul or Heavy Maintenance Facilities Wastewater discharges from railroad line maintenance facilities are not subject to the MP& M effluent guidelines. Wastewater discharges from railroad overhaul or heavy maintenance facilities may be covered by the MP& M effluent guidelines ( Subpart A), the Metal Finishing Point Source Category ( 40 CFR 433), or by other effluent limitations guidelines, as applicable. This provision is codified at 40 CFR 438.1( d).

Facilities engaged in the manufacture, overhaul, or heavy maintenance of railroad engines, cars, car wheel trucks, or similar parts or machines (  railroad overhaul or heavy maintenance facilities ) typically perform different unit operations than railroad line maintenance facilities. Railroad line maintenance facilities perform routine cleaning and light maintenance on railroad engines, cars, car wheel trucks, or similar parts or machines, and discharge wastewater exclusively from oily operations. These facilities only perform one or more of the following operations: assembly/ disassembly, floor cleaning, maintenance machining ( wheel truing), touch up painting, and washing.

Railroad overhaul or heavy maintenance facilities are engaged in the manufacture, overhaul, or heavy maintenance of railroad engines, cars, car wheel trucks, or similar parts or machines. These facilities typically perform one or more of the same operations as railroad line maintenance facilities and one or more of the following operations: abrasive blasting, alkaline cleaning, aqueous degreasing, corrosion preventive coating, electrical discharge machining, grinding, heat treating, impact deformation, painting, plasma arc machining, polishing, pressure deformation, soldering/ brazing, stripping ( paint), testing, thermal cutting, and welding.

Permit writers will need to examine operations at each railroad overhaul or heavy maintenance facility to determine whether they fall under the MP& M effluent guidelines, the Metal Finishing Point Source Category ( 40 CFR 433), or other effluent limitations guidelines.

15 6 15.0  Implementation For example, process wastewaters from metal bearing operations ( e. g., stripping ( paint)) at railroad overhaul or heavy maintenance facilities are not subject to the MP& M effluent guidelines ( i. e., stripping ( paint) is a metal bearing operation).

Other Wastewaters Not Subject to the MP& M Effluent Guidelines Other wastewaters and facilities not subject to the MP& M effluent guidelines are codified at 40 CFR 438.1( e) and are described below.

The MP& M effluent guidelines do not apply to nonprocess wastewater. Nonprocess wastewater means sanitary wastewater, noncontact cooling water, water from laundering, and noncontact stormwater. Nonprocess wastewater also includes wastewater discharges from nonindustrial sources such as residential housing, schools, churches, recreational parks, shopping centers as well as wastewater discharges from gas stations, utility plants, and hospitals. EPA considers stormwater that is commingled with MP& M oily operation process wastewater ( i. e., contact stormwater) prior to treatment or discharge subject to the MP& M effluent guidelines. Sanitary wastewater, noncontact cooling water, water from laundering, and noncontact stormwater commingled with directly discharged MP& M oily operation process wastewaters must be accounted for as nonregulated wastewaters using the building block approach to develop facility specific permits limits ( see Section 15.3).

The MP& M effluent guidelines also do not apply to wastewater discharges from oily operations introduced into a publicly owned treatment works ( POTW) or a federally owned and operated treatment works treating domestic sewage ( TWTDS), as defined at 40 CFR 122.2. These wastewater discharges will be subject to General Pretreatment Standards ( 40 CFR 403), local limits, permit limits, and other effluent guidelines, as applicable.

The MP& M effluent guidelines also do not apply to wastewater discharges in or on dry docks and similar structures, such as graving docks, building ways, marine railways, lift barges at shipbuilding facilities ( or shipyards), and ships that are afloat. This provision is codified at 40 CFR 438( e)( 5) and applies only to process wastewater generated and discharged from oily operations and metal bearing operations inside and outside ships ( including bilge water and dry dock stormwater) that occur in or on dry docks or similar structures.

In addition to these dry dock wastewaters, three other types of water streams are in or on dry docks and similar structures: flooding water, dry dock ballast water, and stormwater. Flooding water enters and exits the dry dock or similar structure prior to performing any MP& M operations. For example, in a graving dock, the gates are opened, allowing flooding water in and ships to float inside the chamber. Then the flooding water is drained, leaving the ship s exterior exposed so shipyard employees can repair and maintain the ship s hull. Dry dock ballast water serves a similar purpose. It is used to lower ( or sink) a floating dry dock so that a ship can float over it. Then the dry dock ballast water is pumped out, raising the dry dock with the ship on top. Flooding water and dry dock ballast water are not directly associated with MP& M operations. Finally, because these structures are located outdoors and are exposed to the elements,

15 7 15.0  Implementation stormwater may fall in or on the dry dock or similar structures. All three of these wastewaters ( i. e., flooding water, dry dock ballast water, and stormwater) are excluded from the scope of the MP& M effluent guidelines.

However, the Agency is including direct discharges of process wastewater from oily operations that is generated at other shipyard locations (  on shore  operations) in the MP& M regulation rule ( assuming the other exclusions of Parts 438.1 and 438.10 do not apply). EPA included wastewaters from these oily   on shore  shipbuilding operations ( e. g., machining, floor cleaning, solvent degreasing, dye penetrant testing, and grinding) in the Oily Wastes Subcategory. Such oily operations are typically found in a machine shop in the shipyard. Wastewaters subject to the Shipbuilding Dry Dock exclusion commingled with directly discharged MP& M oily operation process wastewaters must be accounted for as nonregulated wastewaters using the building block approach to develop facility specific permits limits ( see Section 15.3).

Also, EPA is not including wastewater generated onboard ships when they are afloat ( i. e., not in dry docks or similar structures). For U. S. military ships, EPA is in the process of establishing standards under the Uniform National Discharge Standards ( UNDS) pursuant to Section 312( n) of the Clean Water Act ( CWA) ( see 64 F. R. 25125; May 10, 1999) to regulate discharges of wastewater generated onboard these ships when they are in U. S. waters and are afloat ( e. g., at a shipyard s dock).

For reasons discussed in the preamble to the final rule and Section 9.0, wastewater generated by facilities primarily performing drum reconditioning and cleaning to prepare metal drums for resale, reuse, or disposal are also not subject to the MP& M effluent guidelines. This provision only covers facilities in the Industrial Container and Drum Cleaning ( ICDC) industry. This industry is within the 1987 Standard Industrial Classification ( SIC) Code 7699 ( Repair Shops and Related Services, Not Elsewhere Classified). All other facilities in this SIC code are included in the   Miscellaneous Metal Products  MP& M industrial sector ( see Appendix A and Section 15.1.1). The ICDC industry includes facilities that clean and recondition metal and plastic drums and intermediate bulk containers ( IBCs) for resale, reuse, or disposal. ICDC facilities can be further classified as facilities that either burn open head steel drums or wash plastic or tight head ( i. e., bung type) steel drums and IBCs. Most ICDC facilities purchase used drums or containers that they clean and recondition for resale.

EPA estimates that most ICDC facilities discharge ICDC wastewater and that all or almost all of these facilities discharge indirectly to a POTW. EPA has not identified any facilities that discharge directly to surface waters. EPA also estimates that a portion of the industry achieves zero discharge by hauling the wastewater to a centralized waste treatment facility, or disposing of the wastewater by land application or evaporation. Alternatively, some ICDC facilities achieve zero discharge by recycling or reusing 100 percent of its wastewater ( see Section 22.1, DCN 17933 and Section 24.1, DCN 17853 of the rulemaking record).

15 8 15.0  Implementation For reasons discussed in the preamble to the final rule and Section 9.0, the following wastewater discharges are also not subject to the MP& M effluent guidelines:

  Process wastewater generated by maintenance and repair activities at gasoline service stations ( SIC Code 5541), passenger car rental facilities, or utility trailer and recreational vehicle rental facilities ( SIC Code 7514 or 7519); and   Wastewater from gravure cylinder and metallic platemaking conducted within or for printing and publishing facilities ( SIC Code 2796).

Figure 15 1 shows the MP& M permitting process flow chart.

15.2 Compliance Dates New and reissued federal and state NPDES permits to MP& M direct dischargers must include the limitations and standards in the MP& M effluent guidelines. The permits must require immediate compliance with such limitations. If the permitting authority wishes to provide additional time for compliance, the permit authority should consider issuance of an enforcement order that provides for a schedule for compliance.

New sources must comply with the new source performance standards ( NSPS) of the MP& M rule at the time they commence discharging MP& M process wastewater. The Agency considers a discharger a new source if its construction commences 30 days after the publication date of the final rule in the Federal Register .

15.3 Limits Development To develop limits for process wastewaters covered by the MP& M effluent guidelines, a permit writer must first determine if the process wastewater is subject to the regulation by determining the type of discharge ( i. e., direct) and examining the unit operation( s) that generate the process wastewater ( see Section 15.1 and Section 6.0). This requires careful consideration of the applicability criteria in Sections 438.1 and 438.10 of the final rule. After the permit writer determines that a process wastewater is subject to the MP& M effluent guidelines, the next step is to determine the applicable limitations and standards. Table 15 2 presents the concentration based MP& M effluent guidelines for new and existing direct dischargers in the Oily Wastes Subcategory ( 40 CFR 438, Subpart A). The permit writer must then apply these limitations and standards to the MP& M process wastewater directly discharged from the facility.

15 9 15.0  Implementation 15 10 Figure 15 1. MP& M Permitting Process Flow Chart 15.0  Implementation Table 15 2 Effluent Limitations Guidelines for the MP& M Point Source Category ( 40 CFR 438)

BPT/ BCT/ NSPS  Oily Wastes Subcategory Regulated Parameter Maximum Daily mg/ L ( ppm)

Total Suspended Solids ( TSS) 62 Oil and Grease ( as HEM) 46 pH a aDischarges must remain within the pH range 6 to 9.

When oily operations are commingled prior to treatment or discharged with nonprocess ( e. g., noncontact cooling water) or nonregulated wastewater ( e. g., wastewater from aesthetic cleaning of vehicles), the permit writer will establish nonregulated limitations for such streams on a BPJ basis. The permit writer will establish limitations for the combined stream using the   building block  approach, using a flow weighted combination of the applicable guideline limitations ( found in Table 15 2) and the BPJ limitation for the nonprocess wastewater or nonregulated waste stream. For further information, see EPA NPDES Permit Writers Manual, Chapter 5, pp. 61 63 ( 1).

Although EPA is not promulgating mass based limitations in the final MP& M rule, permit writers may want to develop mass based limitations, if appropriate ( e. g., a facility does not have adequate water conservation practices). The National Pollutant Discharge Elimination System ( NPDES) regulations at 40 CFR 122.45( f) require permit writers to develop mass based limitations for direct dischargers except in cases where the limitations are expressed in other units of measurement ( e. g., a concentration).

For MP& M facilities that have good water conservation practices, concentration based rather than mass based effluent limitations may be sufficient. However, the Agency anticipates that MP& M facilities that have been using the best pollution prevention and water conservation practices may request that the permit writer establish mass based limits in their permit.

Since MP& M effluent guidelines are concentration based limitations and standards, NPDES permit writers will include these limitations and standards in NPDES permits for MP& M facilities. NPDES permit writers may also establish mass based limits in addition to the MP& M concentration based limitations and standards for MP& M facilities ( see 122.45( f)( 2)). In such cases, the NPDES permit will require the permittee to comply with both mass based and concentration based limits.

15 11 15.0  Implementation Because EPA did not promulgate mass based limitations and because it did not codify the method to determine the flow rate in these cases, the permit writer may use methods other than historical flow and production data to calculate mass based limitations. EPA has published several documents that provide guidance for determining the appropriate process wastewater flow rate and establishing mass based limitations ( 1, 2, 3).

EPA based the final concentration based MP& M effluent limitations on the performance of in process pollution prevention and flow reduction technologies followed by end of pipe treatment. In process technologies include: conductivity meters, flow restrictors, and countercurrent cascade rinsing for flowing rinses; at the source machine coolant recycling; and at the source paint curtain recycling. The end of pipe treatment for the Oily Wastes Subcategory is chemical emulsion breaking and oil/ water separation ( see Sections 8.0 and 9.0). EPA is promulgating performance based limitations and standards to control direct discharges; these limitations and standards do not require the use of any particular pollution prevention or wastewater treatment technology. Rather, a facility may use any combination of pollution prevention and wastewater treatment technology to comply with the limitations. Direct dischargers must also comply with other applicable regulations ( e. g., NPDES regulations ( 40 CFR 122)).

The MP& M effluent guidelines also do not apply to process wastewaters from oily operations commingled with process wastewaters already subject to other effluent limitations guidelines or with process wastewaters from metal bearing operations. When a facility segregates oily operation process wastewaters from other process wastewaters, the NPDES permit writer will apply the MP& M limitations and standards for those oily operation process wastewaters ( at that outfall) and apply the applicable limitations and standards for their other discharges ( at the other outfall( s)). For additional guidance regarding limits development, see EPA s NPDES Permit Writers  Manual ( 1).

15.4 Compliance Monitoring Permit writers must establish requirements for regulated facilities to monitor their effluent to ensure that they are complying with permit limitations. As specified in 40 CFR 122.41, 122.44, and 122.48, all NPDES permits must specify requirements for using, maintaining, and installing ( if appropriate) monitoring equipment; monitoring type, intervals, and frequencies that will provide representative data; analytical methods; and reporting and recordkeeping. The NPDES program requires permittees ( with certain specific exceptions) to monitor for limited pollutants and report data at least once per year.

The Agency has not promulgated specific monitoring requirements or monitoring frequencies in the MP& M regulation; therefore, permit authorities may establish monitoring requirements and monitoring frequencies at their discretion. The Agency notes, however, that in developing the Part 438 limitations, EPA considered a monthly sampling frequency. In addition, Part 136 requires facilities to collect grab samples for oil and grease. In developing the Part 438 oil and grease limitations, EPA generally collected four grab samples in a 24 hour monitoring 15 12 15.0  Implementation day. The sample types for pH can range from a one time grab sample during a monitoring day to continuous sampling for a monitoring day where pH is a critical aspect of the wastewater treated or the wastewater treatment operation.

15.5 References 1. U. S. Environmental Protection Agency. NPDES Permit Writers  Manual . EPA 833 B 96 003, December 1996.

2. U. S. Environmental Protection Agency. Guidance Manual For the Use of Production Based Pretreatment Standards and the Combined Wastestream Formula . EPA 833 B 85 201, September 1985.

3. U. S. Environmental Protection Agency. Guidance Manual for Electroplating and Metal Finishing Pretreatment Standards . EPA 440/ 1 84 091g, February 1984.

15 13 16.0  Glossary/ List of Acronyms 16.0 GLOSSARY OF TERMS This glossary includes a collection of the terms used in this document and an explanation of each term. To the extent that definitions and explanations provided in this glossary differ from those in EPA regulations or other official documents, they are intended for use in understanding this manual only.

Act  The Clean Water Act.

Administrator  The Administrator of the U. S. Environmental Protection Agency.

Agency  U. S. Environmental Protection Agency ( also referred to as   EPA ).

Ambient Water Quality Criteria ( AWQC)  Water quality criteria set ambient levels of individual pollutants or parameters, or describe conditions of a water body that, if met, will generally protect the designated use of the water. Water quality criteria are developed to protect aquatic life and human health, and, in some cases, wildlife from the deleterious effects of pollutants.

AMSA  Association of Metropolitan Sewerage Agencies Best Available Technology Economically Achievable ( BAT)  Technology based standard established by the Clean Water Act ( CWA) as the most appropriate means available on a national basis for controlling the direct discharge of toxic and nonconventional pollutants to navigable waters. BAT effluent limitations guidelines, in general, represent the best existing performance of treatment technologies that are economically achievable within an industrial point source category or subcategory. Best available technology economically achievable is defined by Section 304( b)( 2)( B) of the Clean Water Act.

Best Conventional Pollutant Control Technology ( BCT)  Technology based standard for the discharge from existing industrial point sources of conventional pollutants including BOD, TSS, fecal coliform, pH, oil and grease. The BCT is established in light of a two part   cost reasonableness  test which compares the cost for an industry to reduce its pollutant discharge with the cost to a POTW for similar levels of reduction of a pollutant loading. The second test examines the cost effectiveness of additional industrial treatment beyond BPT. EPA must find limits which are reasonable under both tests before establishing them as BCT.

Best Management Practices ( BMP)  Sections 304( e), 308( a), 402( a), and 501( a) of the CWA authorize the Administrator to prescribe BMPs as part of effluent limitations guidelines and standards or as part of a permit.

16 1 16.0  Glossary/ List of Acronyms Best Practicable Control Technology Currently Available ( BPT)  The first level of technology based standards established by the CWA to control pollutants discharged to waters of the U. S. BPT effluent limitations guidelines are generally based on the average of the best existing performance by plants within an industrial category or subcategory.

Best Professional Judgment ( BPJ)  Best professional judgement. The method used by permit writers to develop technology based NPDES permit conditions on a case by case basis using all reasonably available and relevant data.

Biochemical Oxygen Demand ( BOD)  A measurement of the amount of oxygen utilized by the decomposition of organic material, over a specified time period ( usually 5 days) in a wastewater sample; it is used as a measurement of the readily decomposable organic content of a wastewater ( see Appendix B).

Categorical Industrial User ( CIU)  An industrial user subject to National categorical pretreatment standards.

Categorical Pretreatment Standards  Limitations on pollutant discharges to publicly owned treatment works promulgated by EPA in accordance with Section 307 of the Clean Water Act that apply to specified process wastewaters of particular industrial categories.

Chemical Oxygen Demand ( COD)  A measure of the oxygen consuming capacity of inorganic and organic matter present in wastewater. COD is expressed as the amount of oxygen consumed in mg/ l. Results do not necessarily correlate to the biochemical oxygen demand ( BOD) because the chemical oxidant may react with substances that bacteria do not stabilize ( see Appendix B).

Clean Air Act ( CAA)  Clean Air Act ( 42 U. S. C. 7401 et seq., as amended).

Clean Water Act ( CWA)  33 U. S. C. 1251 et seq., as amended.

Code of Federal Regulations ( CFR)  These regulations are published by the U. S. Government Printing Office. A codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. Title 40 of the CFR contains the environmental regulations.

Composite Sample  Sample composed of two or more discrete samples. The aggregate sample will reflect the average water quality covering the compositing or sample period.

Confidential Business Information ( CBI)  Section 308 of the CWA authorizes EPA to collect information, including confidential business information, in support of developing effluent guidelines. When requested to do so, EPA is required to consider information to be confidential and to treat it accordingly if disclosure would divulge methods or processes entitled to protection as trade secrets.

16 2 16.0  Glossary/ List of Acronyms Contract Hauling  The removal of any waste stream from a site by a company authorized to transport and dispose of the waste, excluding discharges to sewers or surface waters.

Control Authority  The term   control authority  as used in Section 403.12 refers to: ( 1) the POTW if the POTW s submission for its pretreatment program ( § 403.3( t)( 1)) has been approved in accordance with the requirements of § 403.11; or ( 2) the approval authority if the submission has not been approved.

Conventional Pollutants  Pollutants typical of municipal sewage, and for which municipal secondary treatment plants are typically designed; defined by Federal Regulation ( 40 CFR § 401.16) as BOD, TSS, fecal coliform bacteria, oil and grease, and pH.

Corrosion preventive coating  The application of removable oily or organic solutions to protect metal surfaces against corrosive environments. Corrosion preventive coatings include, but are not limited to: petrolatum compounds, oils, hard dry film compounds, solvent cutback petroleum based compounds, emulsions, water displacing polar compounds, and fingerprint removers and neutralizers. Corrosion preventive coating does not include electroplating, or chemical conversion coating operations.

Cost effectiveness ( CE)  A ratio of compliance costs ( in 1981$) to the toxic pounds of pollutants removed in terms of pound equivalents ( PE).

Daily Discharge  The discharge of a pollutant measured during any 24 hour period that reasonably represents a calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged during the day. For pollutants with limitations expressed in other units of measurement ( e. g., concentration) the daily discharge is calculated as the average measurement of the pollutant throughout the day ( see 40 CFR § 122.2).

Direct Capital Costs  One time capital costs associated with the purchase, installation, and delivery of a specific technology. The MP& M cost model estimates direct capital costs.

Direct Discharger  An industrial discharger that introduces wastewater to a water of the United States with or without treatment by the discharger.

Director  The Regional Administrator or State Director, as the context requires, or an authorized representative. When there is no approved State program, and there is an EPA administered program, Director means the Regional Administrator. When there is an approved State program,   Director  normally means the State Director.

Discharge Monitoring Report ( DMR)  The form used to report self monitoring results by NPDES permittees. DMRs must be used by approved States as well as by EPA.

Dissolved air flotation ( DAF)  A wastewater treatment technology ( see Section 8.0).

16 3 16.0  Glossary/ List of Acronyms Economic, Environmental, and Benefits Analysis of the Final Metal Products & Machinery Rule ( EEBA)  This document ( EPA 821 B 03 002) presents the methodology employed to assess economic impacts and environmental impacts and benefits of the final rule and the results of the analysis.

Effluent Limitation  Any restriction imposed by the Director on quantities, discharge rates, and concentrations of pollutants which are discharged from point sources into waters of the United States, the waters of the contiguous zone, or the ocean.

Effluent Limitations Guidelines ( ELG)  A regulation published by the Administrator under Section 304( b) of CWA that establishes national technology based effluent requirements for a specific industrial category.

Emission  Passage of air pollutants into the atmosphere via a gas stream or other means.

End of Pipe Treatment ( EOP)  Refers to those processes that treat a facility waste stream for pollutant removal prior to discharge.

EPA  The U. S. Environmental Protection Agency ( also referred to as   the Agency ).

Existing source  For this rule, any facility from which there is or may be a discharge of pollutants, the construction of which is commenced before the publication of the MP& M final final regulations.

Facility  A place of business that manufactures, rebuilds, or maintains metal parts, products, or machines ( also referred to as   site ). See Section 1.0 for the applicability of the MP& M final rule. The facility includes all contiguous and noncontiguous property with established boundaries owned, operated, leased, or under control of the business entity. The property may be divided by public or private right of way.

Federal Register ( FR)  This document is published by the U. S. Government Printing Office. A publication making available to the public regulations and legal notices issued by federal agencies.

Federally Owned Treatment Works ( FOTW)  Any device or system owned and/ or operated by a U. S. federal agency to recycle, reclaim, or treat liquid sewage or liquid industrial wastes.

Full Time Equivalents ( FTE)  This is related to the number of employees at a given facility.

Fundamentally Different Factors ( FDF)  Those components of a petitioner s facility that are determined to be so unlike those components considered by EPA during development of the MP& M final rule that the facility is worthy of a variance ( see Section XI. C. 1 of the preamble to the final rule).

16 4 16.0  Glossary/ List of Acronyms General Metals ( GM) Subcategory  As discussed in Section 9.0, EPA proposed, but did not promulgate, a separate subcategory for these facilities.

Grab Sample  A sample which is taken from a wastestream on a one time basis without consideration of the flow rate of the wastestream and without consideration of time.

Hazardous Air Pollutant ( HAP)  Substances listed by EPA as air toxics under Section 112 of the Clean Air Act.

Hazardous Waste  Any material that meets the Resource Conservation and Recovery Act definition of   hazardous waste  contained in 40 CFR 261.

Hexane Extractable Material ( HEM)  A method defined parameter that measures the presence of relatively nonvolatile hydrocarbons, vegetable oils, animal fats, waxes, soaps, greases, and related material that are extractable in the solvent n hexane ( see Appendix B).

Indirect Capital Costs  One time capital costs that are not technology specific and are represented as a multiplication factor that is applied to the direct capital costs estimated in the MP& M cost model.

Indirect Discharge  The introduction of pollutants into a municipal sewage treatment system from any nondomestic source ( i. e., any industrial or commercial facility) regulated under Section 307( b), ( c), or ( d) of the CWA.

Influent  Wastewater entering a facility wastewater treatment unit.

Information Collection Request ( ICR)  The Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.) stipulates that every federal agency, including EPA, must obtain approval from the Office of Management and Budget before collecting the same or similar information from 10 or more members of the public.

Local Limits  Conditional discharge limits imposed by municipalities upon industrial or commercial facilities that discharge to the municipal sewage treatment system.

Long term average ( LTA)  For purposes of the pretreatment standards, average pollutant levels achieved over a period of time by a facility, subcategory, or technology option.

Maximum Achievable Control Technology ( MACT)  Air pollution control applicable to hazardous air pollutants ( HAPs)  see NESHAPS.

16 5 16.0  Glossary/ List of Acronyms Maximum daily discharge limitation  Definitions provided at 40 CFR 122.2 state that the " maximum daily discharge limitation" is the " highest allowable   daily discharge.' " Daily discharge is defined as the "  discharge of a pollutant' measured during a calendar day or any 24 hour period that reasonably represents the calendar day for purposes of sampling." Section 10.0 describes the data selection and calculations used to develop the final rule limitations.

Metal bearing operations  One or more of the operations listed in 40 CFR 438.2( d). See also Section 1.0.

Metal Finishing Job Shops ( MFJS) Subcategory  As discussed in Section 9.0, EPA proposed, but did not promulgate, a separate subcategory for these facilities.

Metal Products and Machinery ( MP& M)  A regulation published by the Administrator under Section 304( b) of CWA that establishes national technology based effluent requirements for the Metal Products and Machinery Point Source Category.

Million gallons per year ( MGY)  Unit of effluent discharge.

Minimum Level  The lowest concentration that can be reliably measured by an analytical method.

Mixed Use Facility  Any municipal, private, U. S. military or federal facility that contains both industrial and commercial/ administrative buildings at which one or more industrial sites conduct operations within the facility s boundaries.

National Emissions Standards for Hazardous Air Pollutants ( NESHAPS)  Emissions standards set by EPA for an air pollutant that may cause an increase in fatalities or in serious, irreversible, or incapacitating illness.

National Pollutant Discharge Elimination System ( NPDES)  The national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 318, 402, and 405 of CWA.

New Source  As defined in 40 CFR 122.2 and 122.29, and 403.3( k), a new source is any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced for purposes of compliance with New Source Performance Standards and Pretreatment Standards for New Sources after the promulgation of the final rule under Clean Water Act Sections 306 and 307( c).

New Source Performance Standards ( NSPS)  Technology based standards for facilities that qualify as new sources under 40 CFR § 122.2 and 40 CFR § 122.29. Standards consider that the new source facility has an opportunity to design operations to more effectively control pollutant discharges.

16 6 16.0  Glossary/ List of Acronyms Non Chromium Anodizing ( NCA) Subcategory  As discussed in Section 9.0, EPA proposed, but did not promulgate, a separate subcategory for these facilities.

Noncontact Cooling Water  Water used for cooling that does not come into direct contact with any raw material, intermediate product, by product, waste product, or finished product. This term is not intended to relate to air conditioning systems.

Nonconventional Pollutants  All pollutants that are not included in the list of conventional or toxic pollutants in 40 CFR 401. Includes pollutants such as chemical oxygen demand ( COD), total organic carbon ( TOC), nitrogen, and phosphorus.

Nondetect Value  Samples below the level that can be reliable measured by an analytical method. This is also known, in statistical terms, as left censored ( i. e., value having an upper bound at the sample specific detection limit and a lower bound at zero).

Nonprocess Wastewater  Sanitary wastewater, noncontact cooling water, water from laundering, and noncontact stormwater. Nonprocess wastewater for this part also includes wastewater discharges from nonindustrial sources such as residential housing, schools, churches, recreational parks, shopping centers as well as wastewater discharges from gas stations, utility plants, and hospitals ( see 40 CFR 438.2( e).

Non Water Quality Environmental Impact ( NWQI)  Deleterious aspects of control and treatment technologies applicable to point source category wastes, including, but not limited to air pollution, noise, radiation, sludge and solid waste generation, and energy used.

North American Industry Classification System. ( NAICS)  This system is a unique method for classifying business establishments. Adopted in 1997 to replace the old Standard Industrial Classification ( SIC) system, it is the industry classification system used by the statistical agencies of the United States.

Notice of Data Availability ( NODA)  This Federal Register notice was published in June 5, 2002 ( 67 FR 38752). See Section 2.0.

NRDC  Natural Resources Defense Council.

NRMRL  EPA s National Risk Management Research Laboratory ( formerly RREL  EPA s Risk Reduction Engineering Laboratory).

NSCEP  EPA s National Service Center for Environmental Publications ( http:// www. epa. gov/ ncepi).

OCPSF  Organic Chemicals, Plastics, and Synthetic Fibers Manufacturing Point Source Category ( 40 CFR 414).

16 7 16.0  Glossary/ List of Acronyms Off Site  Outside the boundary of the facility.

Oily operations  One or or more of the operations listed in 40 CFR 438.2( f). See also Section 1.

Oily Wastes Subcategory ( OWS)  A subcategory ( Subpart A) of the Metal Products and Machinery Point Source Category ( 40 CFR 438).

OMB  U. S. Office of Management and Budget.

On Site  Within the boundary of the facility.

Operating and Maintenance ( O& M) Costs  Costs related to operating and maintaining a treatment system, including the estimated costs for compliance wastewater monitoring of the effluent.

ORP  Oxidation reduction potential.

PE  Pound equivalents ( units used to weight toxic pollutants).

pH  A measure of the hydrogen ion concentration of water or wastewater; expressed as the negative log of the hydrogen ion concentration in mg/ l. A pH of 7 is neutral. A pH less than 7 is acidic, and a pH greater than 7 is basic.

Point Source  Any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fixture, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged.

Pollutant  Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials ( except those regulated under the Atomic Energy Act of 1954, as amended ( 42 U. S. C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

Pollutant of Concern ( POC)  EPA evaluated wastewater to determine the presence of priority, conventional, and nonconventional pollutant parameters. See Section 7.0 for the criteria EPA used to identify pollutants of concern ( POCs) and regulated pollutants.

Pollution Prevention  The use of materials, processes, or practices that reduce or eliminate the creation of pollutants or wastes. It includes practices that reduce the use of hazardous and nonhazardous materials, energy, water, or other resources, as well as those practices that protect natural resources through conservation or more efficient use. Pollution prevention consists of source reduction, in process recycle and reuse, and water conservation practices.

16 8 16.0  Glossary/ List of Acronyms Pollutant Prevention Act of 1990 ( PPA)  42 U. S. C. 13101 et seq., Public Law 101 508, November 5, 1990.

Pretreatment  The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a publicly owned treatment works.

Pretreatment standards for existing sources ( PSES)  PSES are designed to prevent the discharge of pollutants that pass through, interfere with, or are otherwise incompatible with the operation of publicly owned treatment works ( POTWs), including sludge disposal methods at POTWs. Pretreatment standards for existing sources are technology based and are analogous to BAT effluent limitations guidelines.

Pretreatment standards for New sources ( PSNS)  Like PSES, PSNS are designed to prevent the discharges of pollutants that pass through, interfere with, or are otherwise incompatible with the operation of POTWs. PSNS are to be issued at the same time as NSPS. New indirect dischargers have the opportunity to incorporate into their plants the best available demonstrated technologies. The Agency considers the same factors in promulgating PSNS as it considers in promulgating NSPS.

Printed Wiring Board ( PWB) Subcategory  As discussed in Section 9.0, EPA proposed, but did not promulgate, a separate subcategory for these facilities.

Priority Pollutants  The 126 pollutants listed in 40 CFR 423, Appendix A.

Privately Owned Treatment Works ( PrOTW)  Any device or system owned and operated by a private company that is used to recycle, reclaim, or treat liquid industrial wastes not generated by that company.

Process Wastewater  Wastewater as defined at 40 CFR 122 and 401, and includes wastewater from noncontact, nondestructive testing ( e. g., photographic wastewater from nondestructive X ray examination of parts) performed at facilities subject to this part and includes wastewater from air pollution control devices ( see 40 CFR 438.2).

Production Normalized Flow ( PNF)  Volume of wastewater generated per unit of production.

Publicly Owned Treatment Works ( POTW)  A treatment works, as defined by Section 212 of the CWA, that is owned by the State or municipality. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant.

Railroad Line Maintenance ( RRLM) Subcategory  As discussed in Section 9.0, EPA proposed, but did not promulgate, a separate subcategory for these facilities.

16 9 16.0  Glossary/ List of Acronyms Resource Conservation and Recovery Act of 1976 ( RCRA)  This law ( 42 U. S. C. Section 6901 et seq.) regulates the generation, treatment, storage, disposal, or recycling of solid and hazardous wastes.

SBA  U. S. Small Business Administration.

Self Monitoring  Sampling and analyses performed by a facility to determine compliance with a permit or other regulatory requirements.

Semivolatile Organic Compound ( SVOC)  A measure of semivolatile organic constituents performed by isotope dilution gas chromatography/ mass spectrometry ( GC/ MS), EPA Method 1625.

SGP  EPA s National Metal Finishing Strategic Goals Program.

Shipbuilding Dry Dock ( SDD) Subcategory  As discussed in Section 9.0, EPA proposed, but did not promulgate, a separate subcategory for these facilities.

SIC  Standard Industrial Classification, a numerical categorization scheme used by the U. S. Department of Commerce to catalog economic activity according to product type.

Significant Industrial User ( SIU)  An indirect discharger that is the focus of control efforts under the national pretreatment program; includes all indirect dischargers subject to national categorical pretreatment standards, and all other indirect dischargers that contribute 25,000 gpd or more of process wastewater, or which make up five percent or more of the hydraulic or organic loading to the municipal treatment plant, subject to certain exceptions.

Silica Gel Treated Hexane Extractable Material ( SGT HEM)  A method defined parameter that measures the presence of mineral oils that are extractable in the solvent n hexane and not absorbed by silica gel ( see Appendix B).

Site  See   Facility.

Small Business Regulatory Enforcement Fairness Act of 1996 ( SBREFA)  Public Law 104 121, March 29, 1996.

Source Reduction  Any practice that reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise being released into the environment prior to recycling, treatment, or disposal. Source reduction can include equipment or technology modifications, process or procedure modifications, substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control.

Steel Forming and Finishing ( SFF) Subcategory  As discussed in Section 9.0, EPA proposed, but did not promulgate, a separate subcategory for these facilities.

16 10 16.0  Glossary/ List of Acronyms Stormwater  Stormwater runoff, snow melt runoff, and surface runoff and drainage ( see 40 CFR § 122.26( b)( 13)).

Surface Water  Waters of the United States, as defined at 40 CFR 122.2.

Technical Development Document ( TDD)  Development Document for the Final Effluent Limitations Guidelines and Standards for the Metal Products & Machinery Point Source Category ( EPA 821 B 03 001).

Technology in Place ( TIP)  Refers to those technologies that the Agency considered to be installed and operating at a model site.

Technology Based Effluent Limit  A permit limit for a pollutant that is based on the capability of a treatment method to reduce the pollutant to a certain concentration.

Total Annualized Cost ( TAC)  Cost calculated from the capital and annual costs assuming a 7 percent discount rate over an estimated 15 year equipment life.

Total Capital Investment ( TCI)  Total one time capital costs required to build a treatment system ( i. e., sum of direct and indirect capital costs).

Total Kjeldahl nitrogen ( TKN)  Measure of reduced forms of nitrogen ( see Appendix B).

Total Maximum Daily Load ( TMDL)  The amount of pollutant, or property of a pollutant, from point, nonpoint, and natural background sources, that may be discharged to a water quality limited receiving water. Any pollutant loading above the TMDL results in violation of applicable water quality standards.

Total Organic Carbon ( TOC)  A nonconventional bulk parameter that measures the total organic content of wastewater ( see Appendix B).

Total Organics Parameter ( TOP)  Measure of toxic organics developed for the MP& M proposed rule. EPA developed a list of organic pollutants, called the Total Organics Parameter ( TOP), using the list of organic priority pollutants and other nonconventional organic pollutants that met EPA s POCs criteria for the MP& M rule. Of the nonconventional organic chemicals on the MP& M POCs list, EPA included only those that were removed in appreciable quantities by the selected technology option ( based on toxic weighted pound equivalents) in two or more subcategories. The TOP list is comprised of all of the priority and nonconventional organic pollutants listed in Table 16 1.

16 11 16.0  Glossary/ List of Acronyms Table 16 1 Priority and Nonconventional Organic Pollutants Comprising the Total Organics Parameter Priority Organic Pollutants 1,1,1 Trichloroethane Di n Butyl Phthalate 1,1 Dichloroethane Di n Octyl Phthalate 1,1 Dichloroethylene Dimethyl Phthalate 2,4 Dimethylphenol Ethylbenzene 2,4 Dinitrophenol Fluoranthene 2,6 Dinitrotoluene Fluorene 2 Nitrophenol Isophorone 4 Chloro m cresol Methylene Chloride 4 Nitrophenol n Nitrosodimethylamine Acenaphthene n Nitrosodiphenylamine Acrolein Naphthalene Anthracene Phenanthrene Benzyl Butyl Phthalate Phenol Bis( 2 Ethylhexyl) Phthalate Pyrene Chlorobenzene Tetrachloroethene Chloroethane Toluene Chloroform Trichloroethylene 1 Methylfluorene Biphenyl 1 Methylphenanthrene Carbon Disulfide 2 Isopropylnaphthalene Dibenzofuran 2 Methylnaphthalene Dibenzothiophene Nonconventional Organic Pollutants 3,6 Dimethylphenanthrene n Hexadecane Aniline n Tetradecane Benzoic Acid p Cymene Total Petroleum Hydrocarbons ( TPH)  A method defined parameter that measures the presence of mineral oils that are extractable in Freon 113 ( 1,1,2 trichloro 1,2,2 trifluoroethane) and not absorbed by silica gel ( see Appendix B).

Total Suspended Solids ( TSS)  A measure of the filterable solids present in a sample, as determined by the method specified in 40 CFR 136. ( see Appendix B).

Total Toxic Organics ( TTO)  A parameter that is the summation of all quantifiable values greater than 0.01 milligrams per liter for the toxic organics ( see 40 CFR 433.11( e)).

16 12 16.0  Glossary/ List of Acronyms Toxic Release Inventory ( TRI)  Database of toxic releases in the United States.

Toxic Substances Control Act ( TSCA)  15 U. S. C. 2601 et seq.

Toxic weighting factor ( TWF)  A factor developed for various pollutants using a combination of toxicity data on human health and aquatic life and relative to the toxicity of copper. EPA uses toxic weighting factors in determining the amount of toxicity that a pollutant may exert on human health and aquatic life.

Treatment  Any method, technique, or process designed to change the physical, chemical, or biological character or composition of any metal bearing, oily, or organic waste so as to neutralize such wastes, to render such wastes amenable to discharge, or to recover metal, oil, or organic content from the wastes.

Treatment Effectiveness Concentration  Treated effluent pollutant concentration that can be achieved by each treatment technology that is part of an MP& M regulatory option.

Treatment, Storage, and Disposal Facility ( TSDF)  A facility that treats, stores, or disposes of hazardous waste in compliance with the applicable standards and permit requirements set forth in 40 CFR 264, 265, 266, and 270.

Treatment Works Treating Domestic Sewage ( TWTDS)  Includes all POTWs and other facilities that treat domestic wastewater, and facilities that do not treat domestic wastewater, but that treat or dispose of sewage sludge.

Unit Operations  All processes performed on metal parts, products, or machines in their manufacture, maintenance, or rebuilding.

Upset  An exceptional incident in which there is unintentional and temporary noncompliance with the permit limit because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

U. S. C.  The United States Code.

Variability factor  Used in calculating a limitation ( or standard) to allow for reasonable variation in pollutant concentrations when processed through extensively and well designed Volatile Organic Compound ( VOC)  A measure of volatile organic constituents performed by isotope dilution gas chromatography/ mass spectrometry ( GC/ MS) ( see Appendix B).

Wet Air Pollution or Odor Pollution Control System Scrubbers  Any equipment using water or water mixtures to control emissions of dust, odors, volatiles, sprays, or other pollutants.

16 13 16.0  Glossary/ List of Acronyms Zero discharger  A facility that does not discharge pollutants to waters of the United States or to a POTW. Included in this definition are discharge or disposal of pollutants by way of evaporation, deep well injection, off site transfer to a treatment facility, and land application.

16 14


[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Proposed Rules]
[Pages 26450-26452]
[FR Doc No: 2021-10124]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0332; FRL-10023-72-Region 7]

Air Plan Approval; Missouri; Removal of Control of Emissions From
the Application of Deadeners and Adhesives

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a State Implementation Plan (SIP) revision submitted by the
State of Missouri on January 15, 2019, and supplemented by letter on
July 11, 2019. Missouri requests that the EPA remove a rule related to
control of emissions from the application of deadeners and adhesives in
the St. Louis, Missouri area from its SIP. This rescission does not
have an adverse effect on air quality and meets the requirements of the
Clean Air Act (CAA). The EPA's proposed approval of this rule revision
is in accordance with the requirements of the CAA.

DATES: Comments must be received on or before June 14, 2021.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0332 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.

FOR FURTHER INFORMATION CONTACT: Ashley Keas, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. Background
IV. What is the EPA's analysis of Missouri's SIP revision request?
V. Have the requirements for approval of a SIP revision been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0332 at https://www.regulations.gov. Once submitted, comments cannot be
edited or removed from Regulations.gov. The EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve the removal of 10 Code of State
Regulations (CSR) 10-5.370, Control of Emissions from the Application
of Deadeners and Adhesives, from the Missouri SIP.
    According to the July 11, 2019 letter from the Missouri Department
of Natural Resources, available in the docket for this proposed action,
Missouri rescinded the rule because the only source once subject to the
rule ceased operations in 2009. Therefore, the rule is no longer
necessary for attainment and maintenance of the 1979, 1997, 2008 or
2015 National Ambient Air Quality Standards (NAAQS) for Ozone.

III. Background

    The EPA established a 1-hour ozone NAAQS in 1971 (36 FR 8186, April
30, 1971). On March 3, 1978, the entire St. Louis Air Quality Control
Region (AQCR) (070) was identified as being in nonattainment of the
1971 1-hour ozone NAAQS, as required by the CAA Amendments of 1977 (43
FR 8962, March 3, 1978). On the Missouri side, the St. Louis
nonattainment area included the St. Louis City and Jefferson, St.
Charles, Franklin and St. Louis Counties (hereinafter referred to in
this document as the ``St. Louis Area''). On February 8, 1979, the EPA
revised the 1-hour ozone NAAQS, referred to as the 1979 ozone NAAQS (44
FR 8202, February 8, 1979). On May 26, 1988, the EPA notified Missouri
that the SIP was substantially inadequate (hereinafter referred to as
the ``SIP Call'') to attain the 1-hour ozone NAAQS in the St. Louis
Area (see 54 FR 43183, October 23, 1989). To address the inadequacies
identified in the SIP Call, Missouri submitted volatile organic
compound (VOC) control regulations on June 14, 1985; November 19, 1986;
and March 30, 1989. The EPA subsequently approved the revised control
regulations for the St. Louis Area on March 5, 1990 and February 17,
2000. The VOC control regulations approved by the EPA into the SIP
included reasonably available control technology (RACT) rules as
required by CAA section 172(b)(2), including 10-5.370, Control of
Emissions from the Application of Deadeners and Adhesives.
    The EPA redesignated the St. Louis Area to attainment of the 1979
1-hour ozone standard on May 12, 2003 (68 FR 25418). Pursuant to
section 175A of the CAA, the first 10-year maintenance period for the
1-hour ozone standard began on May 12, 2003, the effective date of the
redesignation approval. On April 30, 2004, the EPA published a final
rule in the Federal Register stating the 1-hour ozone NAAQS would no
longer apply (i.e., would be revoked) for an area one year after the
effective date of the area's designation for the 8-hour ozone NAAQS (69
FR 23951, April 30, 2004). The effective date of the revocation of the
1979 1-hour ozone standard for the St. Louis Area was June 15, 2005
(see 70 FR 44470, August 3, 2005).
    As noted previously, 10 CSR 10-5.370, Control of Emissions from the
Application of Deadeners and Adhesives, was approved into the Missouri
SIP as a RACT rule on March 5, 1990 (55 FR 7712, March 5, 1990). At the
time that the rule was approved into the SIP, 10 CSR 10-5.370 applied
to all installations in St. Louis City and Franklin, Jefferson, St.
Charles, and St. Louis Counties in Missouri that had the

uncontrolled potential to emit more than 100 tons per year or 250
kilograms per day of VOCs from the application of deadeners and
adhesives.
    By letter dated January 15, 2019, Missouri requested that the EPA
remove 10 CSR 10-5.370 from the SIP. Section 110(l) of the CAA
prohibits the EPA from approving a SIP revision that interferes with
any applicable requirement concerning attainment and reasonable further
progress (RFP), or any other applicable requirement of the CAA. The
State supplemented its SIP revision with a July 11, 2019 letter in
order to address the requirements of section 110(l) of the CAA.

IV. Have the requirements for approval of a SIP revision been met?

    In its July 11, 2019 letter, Missouri states that it intended its
RACT rules, such as 10 CSR 10-5.370, to solely apply to existing
sources in accordance with section 172(c)(1) of the CAA.\1\ Missouri
states that although the applicability section of 10 CSR 10-5.370
states that the rule applies to all installations (located within the
St. Louis area), the rule applied to a single existing source, the
Chrysler Corporation, consisting of the north and south assembly
plants, as indicated in the general provisions and emission limit
sections of the rule. In addition, Missouri states that the rule does
not impose an emission limit for any other source besides the Chrysler
Corporation.
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    \1\ The EPA agrees with Missouri's interpretation of CAA section
172(c)(1) in regards to whether RACT is required for existing
sources, but also notes that the State regulation establishing RACT
may apply to new sources as well, dependent upon the State
regulation's language.
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    Missouri, in its July 11, 2019 letter, indicates that the Chrysler
north plant (189-0231) ceased operations in 2009 with demolition of
structures occuring between 2010 and 2011; and the Chrysler south plant
(189-0002) similarly ceased operations in 2009 and was demolished in
2010. The EPA has confirmed that the facility is decommissioned and is
not subject to 10 CSR 10-5.370.
    As stated previously, Missouri asserts that 10 CSR 10-5.370 may be
removed from the SIP because section 172(c)(1) of the CAA requires RACT
for existing sources, and because 10 CSR 10-5.370 was applicable to a
single source that has permanently ceased operations and therefore the
rule no longer reduces VOC emissions. Because the Chrysler Corporation
was the only source that was subject to the rule, and because the
facility has been shut-down and dismantled since 2011, the EPA is
proposing to find that the rule no longer provides an emission
reduction benefit to the St. Louis Area and is proposing to remove it
from the SIP.
    Missouri's July 11, 2019 letter states that any new sources or
major modifications of existing sources are subject to new source
review (NSR) permitting. Under NSR, a new major source or major
modification of an existing source with a potential to emit (PTE) of
250 tons per year (tpy) \2\ or more of any NAAQS pollutant is required
to obtain a Prevention of Significant Deterioration (PSD) permit when
the area is in attainment or unclassifiable, which requires an analysis
of Best Available Control Technology (BACT) in addition to an air
quality analysis and an additional impacts analysis. Sources with a PTE
greater than 100 tpy, but less than 250 tpy,\3\ are required to obtain
a minor permit in accordance with Missouri's New Source Review
permitting program, which is approved into the SIP.\4\ Further, a new
major source or major modification of an existing source with a PTE of
100 tpy or more of any NAAQS pollutant is required to obtain a
nonattainment (NA) NSR permit when the area is in nonattainment, which
requires an analysis of Lowest Achievable Emission Rate (LAER) in
addition to an air quality analysis, an additional impacts analysis and
emission offsets. The EPA agrees with this analysis.
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    \2\ The PSD major source threshold for certain sources is 100
tpy rather than 250 tpy (see 40 CFR 52.21(b)(1)(i)(a) and 10 C.S.R.
10-6.060(8)(A)).
    \3\ Except for those sources with a PSD major source threshold
of 100 tpy.
    \4\ The EPA's latest approval of Missouri's NSR permitting
program rule was published in the Federal Register on October 11,
2016 (81 FR 70025).
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    Missouri has demonstrated that removal of 10 CSR 10-5.370 will not
interfere with attainment of the NAAQS, RFP \5\ or any other applicable
requirement of the CAA because the single source subject to the rule
has permanently ceased operations and removal of the rule will not
cause VOC emissions to increase. Therefore, the EPA proposes to approve
removal of 10 CSR 10-5.370 from the Missouri SIP.
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    \5\ RFP is not applicable to the St. Louis Area because for
Marginal ozone nonattainment areas, such as the St. Louis Area, the
specific requirements of section 182(a) apply in lieu of the
attainment planning requirements that would otherwise apply under
section 172(c), including the attainment demonstration and
reasonably available control measures (RACM) under section
172(c)(1), reasonable further progress (RFP) under section
172(c)(2), and contingency measures under section 172(c)(9).
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V. What is the EPA's analysis of Missouri's SIP revision request?

    The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice on this SIP revision from June 25, 2018,
to August 2, 2018, and held a public hearing on July 26, 2018. Missouri
received five comments from the EPA that related to Missouri's lack of
an adequate demonstration that the rule could be removed from the SIP
in accordance with section 110(l) of the CAA. Missouri's July 11, 2019
letter addressed the EPA's comments. In addition, the revision meets
the substantive SIP requirements of the CAA, including section 110 and
implementing regulations.

VI. What action is the EPA taking?

    The EPA is proposing to approve Missouri's request to rescind 10
CSR 10-5.370 from the SIP because the rule applied to a single source
that has permanently ceased operations and because the rule was not
applicable to additional sources, it no longer serves to reduce
emissions in the St. Louis Area. Furthermore, any new sources or major
modifications of existing sources in the St. Louis Area are subject to
NSR permitting.\6\ We are processing this as a proposed action because
we are soliciting comments on this proposed action. Final rulemaking
will occur after consideration of any comments.
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    \6\ ``NSR Permitting'' includes PSD permitting in areas
designated attainment and unclassifiable, NA NSR in areas designated
nonattainment and minor source permitting.
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VII. Incorporation by Reference

    In this document, the EPA is proposing to amend regulatory text
that includes incorporation by reference. As described in the proposed
amendments to 40 CFR part 52 set forth below, the EPA is proposing to
remove provisions of the EPA-Approved Missouri Regulations from the
Missouri State Implementation Plan, which is incorporated by reference
in accordance with the requirements of 1 CFR part 51.

VIII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of

the CAA. Accordingly, this action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements, Volatile organic
compounds.

    Dated: May 7, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by removing
the entry ``10-5.370'' under the heading ``Chapter 5--Air Quality
Standards and Air Pollution Control Regulations for the St. Louis
Metropolitan Area''.

[FR Doc. 2021-10124 Filed 5-13-21; 8:45 am]
BILLING CODE 6560-50-P