33170 PROPOSED RULES ENVIRONMENTAL PROTECTION which the Administrator determines to process employed and the sources of . AGENCY be achievable through application of the waste and waste waters in the opera- best available demonstrated control tion; and (2) the constituents of all ["40 CFR Part 421] technology, processes, operating meth- waste water. The constituents of the EFFLUENT LIMITATIONS GUIDELINES ods, or other alternatives, including, waste waters which should be subject to where Nonferrous Metals Manufacturing Point practicable, a standard permitting effluent limitations guidelines and stand- Source Category no discharge of pollutants. ards of performance were identified. Section 306(b) (1) (B) of the Act re- The control and treatment technolo- Notice is hereby given that effluent quires the Administrator to propose gies existing within each segment were limitations guidelines for existing sources regulations establishing Federal stand- identified. This included an identifica- and standards of performance and pre- ards of performance for categories of tion of each distinct control and treat- treatment standards for new sources set new sources included in a list published ment technology, including both in- forth in tentative form below are pro- pursuant to section 306(b) (1) (A) of the plant and end-of-process technologies, posed by the Environmental Protection Act. The Administrator published in the whch are existent or capable of being Agency (EPA) for the bauxite refining FEDERAL REGISTER of January 16, 1973 designed for each segment. It also in- subcategory (Subpart A), the primary (38 FR 1624), a list of 27 source cate- cluded an identification of, In terms of aluminum smelting subcategory (Sub- gories, includinE the nonferrous metals the amount of constituents and the part B), and the secondary aluminum category. The regulations proposed chemical, physical, and biological char- smelting subcategory (Subpart C), of the herein set forth the standards of per- acteristics of pollutants, the effluent aluminum segment of" the nonferrous formance applicable to new sources for level resulting from the application of metals manufacturing category of point the bauxite refining subcategory (Sub- each of the technologies. The problems, sources pursuant to sections 301, 304 (b) part A), the primary aluminum smelt- limitations and reliability of each treat- and (c), 306(b) and 307(c) of the Fed- ing subcategory (Subpart B), and the ment and control technology were also eral Water Pollution Control Act, as secondary aluminum smelting subeate- identified. In addition, the non-water amended (33 U.S.C. 1251, 1311, 1314 (b) gory (Subpart C), of the nonferrous quality environmental impact, such as and (c), 1316(b) and 1317(c); 86 Stat. metals manufacturing category. the effects of the application of such 816 et seq.; P.L. 92-500) (the "Act"). Section 307(c) of the Act requires the technologies upon other pollution prob- (a) Legal authority. (1) Existing Administrator to promulgate pretreat- lems, including air, solid waste, noise point sources. Section 301(b) of the Act ment standards for new sources at the and radiation were identified. The en- requires the achievement by not later same time that standards of performance ergy requirements of each control and than July 1, 1977, of effluent limitations for new sources are promulgated pursu- treatment technology were determined for point sources, other than publicly ant to section 306. Sections 421.15, 421.25, as well as the cost of the application of owned treatment works, which require and 421.35, proposed below provide pre- the application of such technologies. the best practicable treatment standards for new sources The information, as outlined above, control technology currently available within the bauxite refining subcategory as defined by was then evaluated in order to determine the Administrator pursuant (Subpart A), the primary aluminum what levels of technology constitute the to section 304(b) of the Act. Section smelting subcategory (Subpart B), and "best practicable control technology 301(b) also requires the achievement by the secondary aluminum smelting sub- not later than July 1, 1983, currently available," the "best available of effluent category (Subpart C), of the nonferrous technology economically achievable" and limitations for point sources, other than metals category. publicly owned the "best available demonstrated con- treatment works, which Section 304(c) of the Act requires the trol technology, processes, operating require tfie application of best available Administrator to issue to the States and technology economically methods, or other alternatives." In iden- achievable appropriate water pollution control tifying such technologies, various factors which will result in reasonable further agencies information on the processes, progress toward the national goal of were considered. These included the procedures or operating methods which total cost Qf application of technology eliminating the discharge of all pol- result in the elimination or reduction of lutants, in relation to the effluent reduction bene- as determined in accordance the dischargelof pollutants to implement fits to be achieved from such application, with regulations issued by the Admin- standards of performance under section istrator pursuant to section 304(b) of the the age of equipment and facilities in- 306 of the Act. The Development Docu- volved, the process employed, the Act. ments referred to below provide, pursu- en- ant gineering aspects of the application of Section 304(b) of the Act requires the to section 304(c) of the Act, infor- various types of control techniques, Administrator to publish regulations mation on such processes, procedures or process changes, non-water providing guidelines for effluent limita- operating methods. quality en- (b) vironmental impact (including energy tions setting forth the degree of effluent Summary and Basis of Proposed requirements) and other reductioh attainable through the appli- Effluent Limitations Guidelines for factors. cation of the best practicable control Existing Sources and Standards of Per- The data upon which the above an- technology currently available and the forinance and Pretreatment Standards alysis was performed included EPA per- for New Sources. mit applications, EPA sampling and in- degree of effluent reduction attainable spections, consultant reports, and indus- through the application of the best con- (1) General methodology. The effluent trol measures and practices try submissions. achievable limitations guidelines and standards of The pretreatment standards proposed including treatment techniques, process performance Piroposed herein were devel- and procedure innovations, operating herein are intended to be complementary oped in the following manner. The point to the pretreatment standards proposed methods and other alternatives. The reg- source category was first studied for the ulations proposed herein for existing sources under Part 128 of set forth effluent purpose of determining whether sepa- 40 CPR. The basis for such standards limitations guidelines, pursuant to sec- rate ;limitations and standards are ap- tion 304(b) of the Act, for the are set forth in the FDr.RAL REoIsTrn of bauxite propriate for different segments within July 19, 1973, (38 FR 19230.) The pro- refining subcategory (Subpart A), the the.category. This analysis included a primary aluminum smelting subcategory visions of Part 128 are equally applicable determination of whether differences in to sources which would constitute "new (Subpart B), and the secondary alumi- raw material used, product produced, num smelting subcategory (Subpart C), sources," under section 306 if they were manufacturing process employed, age, to discharge pollutants directly to navi- of the nonferrous metals manufacturing size, waste water constituents and other category. gable waters, except for § 128.133. That factors require development of separate section- provides a pretreatment stand- (2) New sources. Section 306 of the limitations and standards for different ard for "Incompatible pollutants" which Act requires the achievement by new segments of the point source category. sources of a Federal standard of per- The raw waste characteristics for each requires application of the "best practi- formance providing for the control of the such segment were then identified. This cable control tedhnology currently avail- discharge of pollutants which reflects included an analysis of (1) the source, able," subject to an adjustment for the greatest degree of effluent reduction flow and volume of water used in the amounts of pollutants removed by the FEDERAL REGISTER, VOL. 38, NO. 230-FRIDAY, NOVEMBER 30, 1973 PROPOSED RULES 33171 publicly owned treatment works. Since dense than molten aluminum, and is kept and purifying aluminum-bearing scrap standards proposed molten In a carbon crucible kmown as a to produce an alloy of marketable speci- the pretreatment the secondary alu- herein apply to new sources, § 421.15, "celr" or "pot". The carbon crucible fications. Generally, below amend § 128.133 serves as the cathode, and a carbon minum Industry gathers scrap from a 421.25 and 421.35 the to require application of the standard block, or blocks, serves as the anode. number of sources and then uses new sources- rather Electrolysis decomposes the alumina aluminum contained in the scrap to pro- of performance for second- than the "best practicable" standard into aluminum and oxygen,