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Leather Tanning Effluent Guidelines

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Leather Tanning Effluent Guidelines 52848 Federal Register / Vol. 47, No. 226 / Tuesday, November 23, 1982 / Rules and Regulations ENVIRONMENTAL PROTECTION publication of this regulation in the v. Train, 8 ERC 2120 (D.D.C. 1976), AGENCY Federal Register, the Record, including Modified, 12 ERC 1833 (D.D.C. 1979). copies of the development document II. Scope of This Rulemaking 40 CFR Part 425 and economic analysis, and responses to public comments will be available for This regulation applies to the leather [WH-FRL 2231-5] public review in EPA's Public 'tanning and finishing point source Information Reference Unit, Room 2404 category which is included within the and Finishing Leather Tanning (Rear) (EPA Library), 401 M Street, SW., Standard Industrial Classification (SIC) Industry Point Source Category; D.C. The EPA information Major Group 3100, Leather and Leather Effluent Limitations Guidelines, Washington, regulation (40 CFR Part 2) allows the Products. That part of the industry Preteatment Standards and New Agency to charge a reasonable fee for covered by this regulation is the Source Performance Standards copying. Copies of the development subgroup SIC 3111. AGENCY: Environmental Protection document and the economic analysis The regulation promulgated today Agency. may also be obtained from the National establishes effluent limitations and ACTION: Final rule. Technical Information Service, standards to control specific toxic, Springfield, Virginia 22161 (703/487- nonconventional and conventional SUMMARY: This regulation limits the 6000). pollutants for nine subcategories in the discharge of pollutants into navigable FOR FURTHER INFORMATION CONTACT: leather tanning and finishing category: publicly owned waters and into Technical information: Donald F. (1) Hair pulp, chrome tan, retan-wet treatment works by existing and new Anderson, (202) 382-7189; economic finish; (2) hair save, chrome tan, retan- wet finish; (3) hair save, non-chrome sources that are leather tanning and information: Joseph V. Yance, (202) 382- finishing facilities. The Clean Water Act 5379. tan, retan-wet finish; (4) retan-wet finish and a consent decree require EPA to (sides); (5) no beamhouse; (6) through- issue this regulation. SUPPLEMENTARY INFORMATION: the-blue; (7) shearling; (8) pigskin; and The purpose of this regulation is to Organization of this Notice (9) retan-wet finish (splits). specify effluent limitations for "best I. Legal Authority. Best practicable control technology practicable technology", "best available II.Scope of this Rulemaking. currently available (BPT) effluent technology'., "best conventional III. Summary of Legal Background. limitations are established for all technology", and "new source IV. Prior Regulations. subcategories. The technology basis of performance standards" for direct V. Methodology and Data Gathering the BPT limitations is biological dischargers and to establish Efforts. treatment, specifically high solids pretreatment standards for indirect VI. Subcategorization and Water Use. extended aeration activated sludge. dischargers. A. Subcategorization They include mass based limitations B. Water Use (kg/kkg or lb/1,000 lb of raw material) DATES: In accordance with 40 CFR VII. Summary of Promulgated Regulations. 100.01 (45 FR 26048), these regulations A. BPT for one toxic pollutant (total chromium), will be considered issued for purposes B. BAT and four conventional pollutants (BOD5, of judicial review at 1:00 P.M. Eastern C. BCT TSS, oil and grease, and pH). These BPT time on (two weeks after Federal D. NSPS mass limitations are derived utilizing Register publication date). They will E. PSES subcategory median water use ratios become effective January 6, 1983, except F. PSNS and BPT effluent concentrations sections 425.04 (b)- and (c) which contain VI. Costs and Economic Impact. described later in appropriate sections information collection requirements IX. Non-water Quality Environmental of this preamble, and variability factors review at OMB. The Impacts. described in the Development which are under X. Pollutants and Subcategories Not compliance date for Pretreatment Regulated. Document. Standards for Existing Sources (PSES) is BAT and BCT limitations also are 1 XI. Best Management Practices. November 25, 1985. XII. Upset and Bypass Provisions. established for all nine subcategories in Under Section 509(b](1) of the Clean XII, Variances and Modifications. the leather tanning and finishing point Water Act, any petition for judicial XIV. Relationship to NPDES Permits. source category. For this regulation the review of this regulation must be filed in XV. Public Participation. technology basis of and mass based the United States Court of Appeals XVI. Small Business Administration (SBA] effluent limitations for BCT and BAT are within 90 days after the regulation is Financial Assistance. the same as the promulgated BPT considered issued for purposes of XVII. List of Subjects In 40 CFR Part 425. limitations. The BCT effluent limitations XVIII. OMB Review. judicial review. Under Section 509(b)(2) XIX. Appendices. control four conventional pollutants of the Clean Water Act, the regulation A. Abbreviations, Acronyms, and Other (BOD, TSS, oil and grease, and pH]. The may not be challenged later in civil or Terms Used in This Notice BAT limitations control one toxic criminal proceedings brought by EPA to B. Toxic Pollutants Excluded pollutant, total chromium. enforce its requirements. NSPS are mass based and are I. Legal Authority ADDRESSES: Technical information nay established for all nine subcategories be obtained by writing to Donald F. This regulation is promulgated under and limit one toxic pollutant (total Anderson, Effluent Guidelines Division, the authority of Sections 301, 304, 306, chromium), and four conventional (WH-552), EPA, 401 M Street, S.W., 307, 308 and 501 of the Clean Water Act pollutants (BOD, TSS, oil and grease, Washington, D.C. 20460 or through (the Federal Water Pollution Control Act and pH). NSPS are based on the same calling (202) 382-7189. Economic Amendments of 1972, 33 U.S.C. 1251 et technology and effluent concentrations information may be obtained from seq., as amended by the Clean Water and the same variability factors as BAT, Joseph V. Yance, Office of Analysis and Act of 1977 (Pub. L. 95-217)), also called but the mass based limitations for NSPS Evaluation (WH-586), at the same the "Act." It also is promulgated in are different from those for BAT address, or through calling (202) 382- response to the Settlement Agreement in because the NSPS limitations are based 5379. Three weeks after the date of NaturalResources Defense Council, Inc. on reduced water use. Federal Register / Vol. 47, No. 226 / Tuesday, November 23, 1982 / Rules and Regulations 52849 Finally, this regulation establishes Agreement, the Act stressed control of defined by the Administrator as categorical pretreatment standards for the 65 classes of toxic pollutants. In "conventional," i.e., oil and grease. (See one toxic pollutant, total chromium, for addition, to strengthen the toxic control 44 FR 44501; July 30, 1979.) all subcategories. These standards are program, Section 304(e) of the Act BCT is not an additional limitation but concentration based and apply to authorizes the Administrator to replaces BAT for the control of existing and new source indirect prescribe "best management practices" conventional pollutants. In addition to dischargers. The categorical (BMP) to prevent the release of toxic other factors specified in section pretreatment standards for total and hazardous pollutants from plant site 304(b)(4)(B), the Act requires that BCT chromium contained in this regulation runoff, spillage or leaks, sludge or waste limitations be assessed in light of a two do not apply to indirect dischargers in disposal and drainage from raw material part "cost-reasonableness" test. subcategory I processing less than 275 storage associated with, or ancillary to, American PaperInstitute v. EPA, 660 hides per day, in subcategory 3 the manufacturing or treatment process. F.2d 954 (4th Cir. 1981). The first test processing less than 350 hides per day Under the Act, the EPA program is to compares the cost for private industry or in subcategory 9 processing less than set a number of different kinds of to reduce its conventionalpollutants 3600 splits per day. Categorical effluent limitations. These are discussed with the cost to publicly owned pretreatment standards also are in detail in the proposed regulation and treatment works (POTWs) for similar established for the control of sulfides in development document. The following is levels of reduction in their dischargeof subcategories 1, 2, 3, 6, and 8 where a brief summary: these pollutants. The second test unhairing operations are included. 1. Best PracticableControl examines the cost-effectiveness of However, this regulation includes a Technology CurrentlyAvailable (BPT). additionalindustrial treatment beyond provision which allows the POTW to BPT limitations generally are based on BPT EPA must find that limitationsare certify that discharge of sulfide from a the average of the best existing "reasonable"under both tests before particular facility does not interfere with performance at plants of various sizes, ages and unit processes establishing them as BCT. In no case its treatment works. If this certification within the may BCT be less stringent than BPT. is made and EPA determines that the industry or subcategory. In establishing EPA published its methodology for submission is adequate, it will publish a BPT
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