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Environmental Protection Agency Monday, August 14, 2000 Part III Environmental Protection Agency 40 CFR Part 442 Effluent Limitations Guidelines, Pretreatment Standards, and New Source Performance Standards for the Transportation Equipment Cleaning Point Source Category; Final Rule VerDate 11<MAY>2000 15:53 Aug 11, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\14AUR3.SGM pfrm11 PsN: 14AUR3 49666 Federal Register / Vol. 65, No. 157 / Monday, August 14, 2000 / Rules and Regulations ENVIRONMENTAL PROTECTION carried and transportation mode: exteriors, equipment and floor AGENCY Subpart AÐTank Trucks and washings, and TEC contaminated Intermodal Tank Containers stormwater at those facilities subject to 40 CFR Part 442 Transporting Chemical & Petroleum the TEC effluent limitations guidelines [FRLÐ6720±6] Cargos; Subpart BÐRail Tank Cars and standards. Compliance with this Transporting Chemical & Petroleum rule is estimated to reduce the annual RIN 2040±AB98 Cargos; Subpart CÐTank Barges and discharge of priority pollutants by at Ocean/Sea Tankers Transporting least 60,000 pounds per year and result Effluent Limitations Guidelines, Chemical & Petroleum Cargos; Subpart in annual benefits ranging from $1.5 Pretreatment Standards, and New DÐTanks Transporting Food Grade million to $5.5 million. The total Source Performance Standards for the Cargos. annualized compliance cost of the rule Transportation Equipment Cleaning For all four subparts, EPA is is projected to be $16.1 million (pre- Point Source Category establishing effluent limitations tax). AGENCY: guidelines for existing facilities and new Environmental Protection DATES: This regulation shall become sources discharging wastewater directly Agency (EPA). effective September 13, 2000. ACTION: Final rule. to surface waters. EPA is establishing pretreatment standards for existing ADDRESSES: The public record is SUMMARY: This regulation establishes facilities and new sources discharging available for review in the EPA Water technology-based effluent limitations wastewater to POTWs in all subparts Docket, 401 M St. SW, Washington, D.C. guidelines, new source performance except for Subpart D, applicable to Food 20460. The public record for this standards, and pretreatment standards Grade Cargos. EPA is not establishing rulemaking has been established under for the discharge of pollutants into effluent limitations guidelines or docket number W±97±25, and includes waters of the United States and into pretreatment standards for facilities that supporting documentation, but does not publicly owned treatment works generate wastewater from cleaning the include any information claimed as (POTWs) by existing and new facilities interior of hopper cars. Confidential Business Information (CBI). that perform transportation equipment The TEC limitations do not apply to The record is available for inspection cleaning operations. Transportation wastewaters associated with tank from 9 a.m. to 4 p.m., Monday through equipment cleaning (TEC) facilities are cleanings performed in conjunction Friday, excluding legal holidays. For defined as those facilities that generate with other industrial, commercial, or access to docket materials, please call wastewater from cleaning the interior of POTW operations so long as the facility (202) 260±3027 to schedule an tank trucks, closed-top hopper trucks, cleans only tanks and containers that appointment. rail tank cars, closed-top hopper rail have contained raw materials, by- FOR FURTHER INFORMATION CONTACT: For cars, intermodal tank containers, tank products, and finished products that are additional technical information contact barges, closed-top hopper barges, and associated with the facility's on-site Mr. John Tinger at (202) 260±4992 or ocean/sea tankers used to transport processes. send E-mail to: [email protected]. For materials or cargos that come into direct The wastewater flows covered by this additional economic information contact with the tank or container rule include all washwaters which have contact Mr. George Denning at (202) interior. Facilities which do not engage come into direct contact with the tank 260±7374 or send E-mail to: in cleaning the interior of tanks are not or container interior including pre-rinse [email protected]. considered within the scope of this rule. cleaning solutions, chemical cleaning EPA is subcategorizing the TEC Point solutions, and final rinse solutions. SUPPLEMENTARY INFORMATION: Source Category into the following four Additionally, the rule covers wastewater Regulated Entities: Entities potentially subparts based on types of cargos generated from washing vehicle regulated by this action include: Category Examples of regulated entities Examples of common SIC codes Industry ............................................ Facilities that generate wastewater from cleaning the interior of tank SIC 7699, SIC 4741, SIC 4491. trucks, rail tank cars, intermodal tank containers, tank barges, or ocean/sea tankers used to transport materials or cargos that come into direct contact with tank or container interior, except where such tank cleanings are performed in conjunction with other indus- trial, commercial, or POTW operations.. This table is not intended to be to a particular entity, consult the person after the regulation is considered exhaustive, but rather provides a guide listed for technical information in the promulgated for purposes of judicial for readers regarding entities likely to be preceding FOR FURTHER INFORMATION review. Under section 509 (b)(2) of the regulated by this action. This table lists CONTACT section. Clean Water Act, the requirements in this regulation may not be challenged the types of entities that EPA is now Judicial Review aware could potentially be regulated by later in civil or criminal proceedings this action. Other types of entities not In accordance with 40 CFR Part 23.2, brought by EPA to enforce these this rule will be considered listed in the table could also be requirements. promulgated for purposes of judicial regulated. To determine whether your review at 1 p.m. Eastern time on August Compliance Dates facility is regulated by this action, 28, 2000. Under section 509(b)(1) of the The compliance date for Pretreatment should carefully examine the Clean Water Act, judicial review of this Standards for Existing Standards (PSES) applicability criteria in § 442.1 of the regulation can be obtained only by filing is as soon as possible, but no later than rule language. If you have questions a petition for review in the United August 14, 2003. Deadlines for regarding the applicability of this action States Court of Appeals within 120 days compliance with Best Practicable VerDate 11<MAY>2000 15:53 Aug 11, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\14AUR3.SGM pfrm11 PsN: 14AUR3 Federal Register / Vol. 65, No. 157 / Monday, August 14, 2000 / Rules and Regulations 49667 Control Technology Currently Available E. Overlap With Other Guidelines I. Legal Authority F. Modification to Pollutants Selected For (BPT), Best Conventional Pollutant EPA is promulgating these regulations Control Technology (BCT), and Best Regulation G. Technology Options under the authority of Sections 301, Available Technology Economically IV. Applicability of Final Regulation 304, 306, 307, 308, 402, and 501 of the Achievable (BAT) are established in the V. Technology Options Selected for Basis of Clean Water Act, 33 U.S.C. 1311, 1314, National Pollutant Discharge Regulation 1316, 1317, 1318, 1342 and 1361. Elimination System (NPDES) permits. A. Truck/Chemical & Petroleum The compliance dates for New Source Subcategory II. Background Performance Standards (NSPS) and B. Rail/Chemical & Petroleum Subcategory A. Clean Water Act Pretreatment Standards for New Sources C. Barge/Chemical & Petroleum (PSNS) are the dates the new source Subcategory Congress adopted the Clean Water Act D. Food Subcategory commences discharging. (CWA) to ``restore and maintain the E. Truck/Hopper, Rail/Hopper, and Barge/ chemical, physical, and biological Supporting Documentation Hopper Subcategories integrity of the Nation's waters'' VI. Development of Effluent Limitations The regulations promulgated today A. Selection of Pollutant Parameters for (Section 101(a), 33 U.S.C. 1251(a)). To are supported by several major Final Regulation achieve this goal, the CWA prohibits the documents: B. Calculation of Effluent Limitations discharge of pollutants into navigable 1. ``Final Development Document for VII. Costs and Pollutant Reductions of Final waters except in compliance with the Effluent Limitations Guidelines and Regulation statute. The Clean Water Act confronts A. Changes to Cost Analysis Since Proposal the problem of water pollution on a Standards for the Transportation B. Compliance Costs Equipment Cleaning Category'' (EPA number of different fronts. Its primary C. Changes to Pollutant Reduction Analysis reliance, however, is on establishing 821±R±00±0012). Hereafter referred to Since Proposal as the Technical Development D. Pollutant Reductions restrictions on the types and amounts of Document, the document presents VIII. Economic Impacts of Final Regulation pollutants discharged from various EPA's technical conclusions concerning A. Changes to Economic Analysis Since industrial, commercial, and public the rule. EPA describes, among other Proposal sources of wastewater. B. Impacts Analysis things, the data-collection activities in Congress recognized that regulating C. Small Business Analysis only those sources that discharge support
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