96-17023. Leather Tanning and Finishing Effluent Limitations Guidelines; Pretreatment Standards; New and Existing Sources  

  • [Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
    [Rules and Regulations]
    [Pages 35680-35685]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-17023]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 425
    
    RIN 2040-AC48
    [FRL-5527-4]
    
    
    Leather Tanning and Finishing Effluent Limitations Guidelines; 
    Pretreatment Standards; New and Existing Sources
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: EPA is promulgating changes modifying the pretreatment 
    standards for existing and new sources applicable to certain facilities 
    in the leather tanning and finishing point source category that conduct 
    unhairing operations and that discharge process wastewater to publicly 
    owned treatment works (``POTW''). This rule responds to a petition 
    submitted by the leather tanning industry. The Agency conducted an 
    informal survey of a small number of POTWs, permitting authorities, and 
    industry representatives knowledgeable of leather processing operations 
    and wastewater treatment. EPA is promulgating these changes as a 
    ``direct'' final rule because the Agency does not expect significant 
    adverse or critical comments. EPA also wants to provide prompt 
    implementation of the rule to minimize any potential hazards to worker 
    safety and health that may occur in the absence of this rule. Prompt 
    implementation will also allow affected facilities in this category to 
    reduce the use of treatment chemicals.
    
    DATES: This rule is effective on October 7, 1996 unless significant 
    adverse or critical comments are received by September 6, 1996. If the 
    effective date is delayed, timely notice will be published in the 
    Federal Register.
    
    ADDRESSES: Send comments in triplicate on this rule to Mr. Ed Terry, 
    Engineering and Analysis Division (4303), U.S. EPA, 401 M St. S.W., 
    Washington, DC 20460.
    
    
    [[Page 35681]]
    
    
    FOR FURTHER INFORMATION CONTACT: Mr. Ed Terry, Engineering and Analysis 
    Division (4303), U.S. EPA, 401 M St., S.W., Washington, DC 20460, or 
    telephone 202-260-7128.
    
    SUPPLEMENTARY INFORMATION:
    
        Regulated entities. Entities potentially regulated by this action 
    are those facilities in the leather tanning and finishing point source 
    category that conduct unhairing operations and that discharge process 
    wastewater to publicly owned treatment works, and entities include:
    
    ------------------------------------------------------------------------
                 Category                  Examples of regulated entities   
    ------------------------------------------------------------------------
    Industry..........................  Leather tanning facilities that     
                                         conduct beamhouse operations and   
                                         indirectly discharge process       
                                         wastewater to publicly owned       
                                         treatment works                    
    ------------------------------------------------------------------------
    
        This table is not intended to be exhaustive, but rather provides a 
    guide for readers regarding entities likely to be regulated by this 
    action. This table lists the types of entities that EPA is now aware 
    could potentially be regulated by this action. Other types of entities 
    not listed in the table could also be regulated. To determine whether 
    your facility is regulated by this action, you should carefully examine 
    the applicability criteria in Sec. 425.15, Sec. 425.25, Sec. 425.65, or 
    Sec. 425.85 of the rule. If you have questions regarding the 
    applicability of this action to a particular entity, consult the person 
    listed in the preceding
    FOR FURTHER INFORMATION CONTACT section.
        Organization of this document:
    
    I. Legal Authority
    II. Clean Water Act
    III. Overview of the Leather Tanning Industry
    IV. Regulatory Activities and Responses
    V. Petition Submitted by Industry
    VI. Agency Action in Response to Petition
    VII. Options Considered
        A. Selected Option
        B. Other Options Considered
        (1) Option 2
        (2) Option 3
    VIII. Scope of This Rule
    IX. Executive Order 12866
    X. Unfunded Mandates Reform Act
    XI. Regulatory Flexibility Analysis
    XII. Submission to Congress and the General Accounting Office
    XIII. Paperwork Reduction Act
    XIV. Administrative Procedure Requirements
    
    I. Legal Authority
    
        These regulations are being promulgated under the authority of 
    sections 301, 304, 306, 307, 308, and 501 of the Federal Water 
    Pollution Control Act of 1972, as amended (known as the Clean Water 
    Act), 33 U.S.C. sections 1311, 1314, 1316, 1317, 1318, and 1361.
    
    II. Clean Water Act
    
        The Federal Water Pollution Control Act of 1972 (``the Act'') 
    established a comprehensive program to ``restore and maintain the 
    chemical, physical, and biological integrity of the Nation's waters'' 
    [Section 101(a)]. By July 1, 1977, existing industrial dischargers were 
    to achieve ``effluent limitations requiring the application of the best 
    practicable control technology currently available'' (``BPT'')[Section 
    301(b)(1)(A)]; and by July 1, 1983, dischargers of certain pollutants 
    were required to achieve ``effluent limitations requiring the 
    application of the best available technology economically achievable * 
    * * which will result in reasonable further progress toward the 
    national goal of eliminating the discharge of all pollutants'' 
    (``BAT'') [Section 301(b)(2)(A)]. New industrial direct dischargers 
    were required, under Section 306, to comply with new source performance 
    standards (``NSPS''), based on the best available demonstrated 
    technology; and new and existing dischargers to publicly owned 
    treatment works (``POTW'') were subject to pretreatment standards under 
    Sections 307(b) and of the Clean Water Act. The requirements for direct 
    dischargers were to be incorporated into National Pollutant Discharge 
    Elimination System (``NPDES'') permits issued under Section 402 of the 
    Act, and pretreatment standards were made enforceable directly against 
    dischargers to POTWs (``indirect dischargers'').
    
    III. Overview of the Leather Tanning Industry
    
        Leather tanning is a general term for the various processing steps 
    involved in converting animal skins or hides into leather. The three 
    major hide and skin types used to manufacture leather are cattle hides, 
    sheepskins and pigskins. The three primary steps of processing hides or 
    skins are: beamhouse operations which wash and soak the hides or skins 
    and (at most tanneries) chemically remove the attached hair; tanyard 
    processes in which the tanning agent (primarily chromium) reacts with 
    and stabilizes the proteinaceous matter in the hides or skins; and 
    retanning and wet finishing processes which accomplish further 
    processing by using additional tanning agents (again primarily chromium 
    although other agents are also used) and other chemical agents such as 
    dyes, lubricants and various finishes.
        The U.S. leather tanning industry, identified by the Department of 
    Commerce's Standard Industrial Classification as industry number 3111, 
    is an old industry. The number of tanneries in the U.S. has steadily 
    decreased from around 7,500 in 1865 to approximately 1,000 by the year 
    1900. In 1982, EPA data indicated there were 158 tanneries producing 
    leather and discharging wastewaters to surface streams or to POTWs. 
    According to estimates in the U.S. Industrial Outlook--1993, in 1992 
    the leather tanning and finishing industry employed about 12,700 
    people, distributed among 110 facilities, or an average of about 115 
    employees per facility. Tanneries are clustered in the northeast and 
    mid-Atlantic states, the Chicago-Milwaukee area and the Gloversville-
    Johnstown area of New York State. Other facilities are scattered around 
    the U.S. Cattle hides represent the bulk of raw material utilized for 
    tanning done in the U.S. The following is a brief description of the 
    three primary areas of process operations of facilities in the leather 
    tanning and finishing industry.
        The first primary area of process operations is the beamhouse in 
    which the raw hides and skins are prepared by cleaning and soaking to 
    make them more pliable, and unhairing, or hair removal, to make the 
    hides more attractive and useful. Beamhouse operations usually start 
    with siding and trimming, followed by washing and soaking, fleshing and 
    unhairing. The unhairing operation includes lime and sodium sulfide as 
    the primary chemicals which dissolve the hair. Wastewaters are highly 
    alkaline, in a pH range of 10 to 12.
        The second primary area of process operations is the tanyard in 
    which a durable material is produced from the animal hides or skins. 
    The proteinaceous matter in the hides reacts with the tanning agent and 
    becomes stabilized. The tanning is accomplished by trivalent chromium, 
    by vegetable tannins extracted from the bark of certain trees, or by 
    synthetic tanning agents. These operations occur in an acidic medium 
    and the wastewater generated usually has a pH in the range of 2.5 to 
    3.5. The resulting stabilized materials will not degrade by physical or 
    biological mechanisms.
        The third primary area of process operations is retanning and wet 
    finishing which gives the tanned hides special or desired features, 
    such as bleached appearance, added coloring, lubricants, or further 
    tanning for finished leather properties. These operations usually do 
    not have a significant effect on the acidity/alkalinity of associated 
    wastewaters.
    
    [[Page 35682]]
    
    IV. Regulatory Activities and Responses
    
        On April 9, 1974 (39 FR 12958) EPA promulgated the original 
    regulation for the leather tanning industry, establishing effluent 
    limitations guidelines and standards for the industry based on the best 
    practicable control technology currently available (``BPT''), the best 
    available technology economically achievable (``BAT''), new source 
    performance standards (``NSPS'') for new direct dischargers, and 
    pretreatment standards for new indirect dischargers (``PSNS''). These 
    requirements were codified at 40 CFR Part 425, Subparts A-F.
        The Tanners Council of America, Inc. (now the Leather Industries of 
    America, Inc.), challenged the 1974 promulgated rule. The U.S. Court of 
    Appeals for the Fourth Circuit left BAT and PSNS undisturbed, but 
    remanded the BPT and NSPS limitations and standards.
        On March 23, 1977 (42 FR 15696), EPA promulgated pretreatment 
    standards for existing sources (``PSES'') for the leather tanning 
    industry. These standards included only a pH range and did not 
    establish limits on chromium or sulfide.
        On July 2, 1979 (44 FR 38746), EPA proposed revised effluent 
    limitations guidelines and standards for the leather tanning and 
    finishing point source category. EPA proposed to replace the remanded 
    BPT and NSPS limitations and standards, establish new best conventional 
    pollutant control technology (``BCT'') limitations, and revise BAT, 
    PSES and PSNS limitations and standards.
        On November 23, 1982 (47 FR 52848) EPA promulgated a final 
    regulation for the leather tanning and finishing industry point source 
    category, establishing effluent limitations and standards to control 
    specific toxic, nonconventional and conventional pollutants for nine 
    subcategories in the leather tanning and finishing point source 
    category. The pretreatment standards for indirect dischargers to POTWs 
    established categorical limits on the discharge of chromium and 
    sulfides and revised pH limits in certain subcategories.
        The Tanners Council of America (now known as the Leather Industries 
    of America, Inc. (LIA)) filed a petition for judicial review of several 
    aspects of the promulgated regulation. This action was followed by the 
    filing of an administrative Petition for Reconsideration with EPA. The 
    Agency conducted an extensive review of the existing data base and 
    acquired additional data. Following discussions between the Agency and 
    the LIA, the parties entered into a settlement agreement.
        The settlement agreement, signed on December 11, 1984, addressed 
    the issues raised in the LIA petition. EPA agreed to propose amendments 
    to the 1982 rule and to solicit comments on these issues. LIA agreed to 
    dismiss its petition for judicial review and to withdraw the Petition 
    for Reconsideration if EPA promulgated rules consistent with the 
    proposed amendments.
        In response to the 1984 settlement agreement on the revised 
    effluent guidelines, EPA published on January 21, 1987 (52 FR 2370) 
    proposed amendments to the 1982 rule and preamble language with 
    solicitation of comments. As one of the provisions of the settlement 
    agreement, EPA agreed to propose to delete the upper pH limit for 
    vegetable tanners in Subpart C [Hair Save or Pulp, Non-chrome Tan, 
    Retan-Wet Finish subcategory (Sec. 425.35(a))] only. Also, as part of 
    the settlement agreement, LIA and EPA jointly requested the U.S. Court 
    of Appeals for the Fourth Circuit to stay the effectiveness of the 
    sections of 40 CFR Part 425 which EPA had agreed to propose to amend, 
    pending final action by EPA on the proposed amendments. On February 22, 
    1985, the Court entered an Order staying specified sections of Part 
    425, pending final promulgation of an amendment to the regulation 
    consistent with the settlement agreement.
        On March 21, 1988 (53 FR 9176) EPA promulgated amendments to 40 CFR 
    Part 425. The promulgated rule added an alternative sulfide analytical 
    method, clarification of the procedures that support applicability of 
    sulfide pretreatment standards, revisions to certain BPT effluent 
    limitations, corrections to NSPS, and an allowance for small tannery 
    exemptions under certain conditions. The preamble to the promulgated 
    rule stated that the Agency would not consider a waiver from the upper 
    pH limit of 10.0 for other subcategories than Subpart C because it 
    would be unduly complicated.
    
    V. Petition Submitted by Industry
    
        On March 18, 1993, Counsel for the leather tanning industry 
    submitted a petition to the Agency, requesting that the Agency amend 
    the upper pH limit for leather tanning facilities that conduct 
    unhairing (``beamhouse'') operations with indirect discharge to 
    publicly owned treatment works (``POTWs''). The petition asks the 
    Administrator ``* * * to include within the relevant regulatory section 
    language allowing a POTW, subject to EPA review, to waive the upper pH 
    limit for regulated discharges upon a showing that any such waiver will 
    not `interfere,' cause a `pass through' or be `incompatible' with a 
    POTW's treatment works.'' The petitioners go on to say: ``The 
    rulemaking is requested because, as a result of changes in operating 
    conditions and an incorrect assumption that flow equalization alone 
    would allow continuous control of tannery wastewaters to a level 
    between 7.0 and 10.0, the existing upper pH limit cannot always be 
    safely met.''
        Since 1977, EPA has prohibited the discharge into POTWs of effluent 
    from such facilities where the discharge failed to fall within a pH 
    range of 7.0 to 10.0. This limitation was established primarily due to 
    concerns over the solubility of chromium at higher pH levels and the 
    potential for upsetting biological treatment systems of POTWs. To meet 
    the pH requirement, leather tanning facilities would mix high pH 
    beamhouse wastewaters with low pH tanyard wastewaters in a flow 
    equalization process, resulting in a wastewater discharge that would 
    meet the pH requirement.
        In 1982, EPA subsequently set chromium pretreatment standards for 
    the industry. The treatment technology for chromium reduction is 
    precipitation at a pH range of 8.5 to 9.0, thus requiring tanyard 
    wastewater to be raised from its usual range of 2.5 to 3.5. However, 
    this treatment was not required at most facilities because POTWs would 
    grant removal credits allowing chromium to be discharged without 
    pretreatment.
        Following the invalidation of the original removal credit 
    regulation in 1986, see NRDC v. EPA, 790 F.2d 289 (3rd Cir. 1986), 
    cert. denied 479 U.S. 1084 (1987), leather tanning facilities raised 
    the pH of the tanyard wastewaters in order to achieve necessary 
    chromium reduction. The petitioners assert that because the resulting 
    wastewaters, when combined with the beamhouse wastewaters, are still at 
    a pH outside the pretreatment standard, plants have found it necessary 
    to add acid to the combined wastewater before discharge.
        The petitioners indicate this acidification is problematic for 
    several reasons. First, this adjustment to the pH may result in the 
    generation and release of hydrogen sulfide (H2S), a highly toxic 
    gas, in the leather tanning facility or in the POTW. In addition, the 
    petitioners assert that many municipal authorities believe that tannery 
    wastewater alkalinity and buffering capacity are highly beneficial in 
    counteracting sewer corrosion and H2S generation within the sewer 
    system.
    
    [[Page 35683]]
    
    VI. Agency Action in Response to Petition
    
        In response to the petition, the Agency conducted an informal 
    survey of a small number of POTWs receiving leather tanning 
    wastewaters, permitting authorities, and industry representatives 
    knowledgeable of leather processing operations and wastewater 
    treatment.
        Eight POTW managers and operators were contacted regarding the 
    issues raised in the petition. Three of the POTWs contacted were 
    identified in the petition and five of the POTWs contacted were known 
    by EPA to be receiving wastewater from leather tanning facilities. All 
    those contacted were amenable to receiving leather tanning and 
    finishing wastewaters with a higher pH at the point of discharge to the 
    POTW. Four operators stated that wastewaters with alkaline pH 
    contribute to more efficient POTW operation. Three operators expressed 
    the opinion that higher pH levels inhibit corrosion. Two operators 
    stated that high pH at the user's point of discharge reduces or 
    eliminates the need for adding caustic to the POTW treatment system to 
    maximize removal efficiency. One POTW operator stated that his system 
    had not had any operating or performance problems associated with too 
    high a pH in his system.
        Based on review of the petition, telephone discussions with 
    operators and managers of POTWs receiving leather tanning wastewater, 
    and regulatory personnel, EPA has determined that there is sufficient 
    basis for promulgating amendments to the upper pH limit contained in 
    the pretreatment standards for existing and new sources in the subparts 
    identified below.
    
    VII. Options Considered
    
    A. Selected Option
    
        EPA is promulgating this rule to revise the existing pretreatment 
    standards to eliminate upper (alkaline) pH limits for plants in four 
    subcategories in which unhairing operations are conducted. This minor 
    revision will benefit POTW operations by lowering operating costs and 
    reducing potential risks for worker safety and health. This option was 
    selected because EPA believes that interference with the operation of 
    POTWs (i.e., damage to POTW collection systems and upset of biological 
    treatment processes, and potential for adverse effect on the health and 
    safety of POTW workers) and potential for pass through of pollutants 
    are not likely events. Affected POTWs may still elect to set an 
    alternative upper (alkaline) pH limit based on local circumstances.
    
    B. Other Options Considered
    
        The following options were considered but not selected.
    (1) Option 2
        EPA would promulgate a rule to develop new upper (alkaline) pH 
    limits for all indirect dischargers in each of the four subcategories 
    affected by the petition. This option was not selected because EPA does 
    not have sufficient data to develop different pH limits. Even if 
    sufficient data were available to develop different pH limits, this 
    option also may leave individual cases where new pH limits still may 
    not fit local circumstances, thus requiring further regulatory action. 
    Moreover, as indicated above, the information currently available to 
    the Agency indicate that no upper (alkaline) pH limits are necessary.
    (2) Option 3
        EPA would promulgate a rule adding a new section to 40 CFR Part 425 
    which would establish a procedure for use by individual POTWs in 
    changing the pH range specified in the categorical pretreatment 
    standards. The procedure would allow individual POTWs receiving these 
    wastewaters to determine the appropriate upper (alkaline) pH limit for 
    each of the affected leather tanning and finishing facilities. POTWs 
    would determine the appropriate upper pH limit applicable to each 
    indirect discharging leather tanning and finishing facility with 
    operations in the affected subcategories based on consideration of all 
    relevant factors pertinent to the POTW, including but not limited to 
    those that EPA might present in support of such an option. EPA did not 
    select this option because of the added unnecessary procedural burden 
    this would place on POTWs; as indicated above, EPA does not believe 
    that such limits are necessary. Where local conditions make such limits 
    appropriate, POTWs should be free to set limits based on existing 
    procedures rather than a new procedure developed for this rule.
    
    VIII. Scope of This Rule
    
        This notice of a ``direct'' final rule addresses only certain 
    leather tanning facilities that conduct beamhouse operations and 
    indirectly discharge process wastewater to publicly owned treatment 
    works. Thus this final rule applies to the standards in Subparts A, B, 
    F, and H of 40 CFR Part 425, at Secs. 425.15, 425.25, 425.65, and 
    425.85.
        The petition submitted by the Leather Industries of America, Inc., 
    sought to amend only the Pretreatment Standards for Existing Sources 
    (PSES). Because EPA set Pretreatment Standards for New Sources (PSNS) 
    equal to PSES, this final rule applies to both existing and new 
    indirect dischargers. However, because PSNS were set equal to PSES in 
    each subcategory, EPA need only promulgate an amendment to PSES to 
    effect the elimination of the upper (alkaline) pH limit for both 
    existing and new sources in these four subcategories.
        The petitioners also asked for relief from 40 CFR Part 425 Subpart 
    C--Pretreatment Standards for Existing Sources--Hair Save or Pulp, Non-
    Chrome Tan, Retan--Wet Finish subcategory. However, EPA's rulemaking to 
    implement the 1984 settlement agreement addressed removal of the upper 
    (alkaline) pH limit for this subcategory.
    
    IX. Executive Order 12866
    
        Under Executive Order 12866, (58 FR 51735, October 4, 1993) the 
    Agency must determine whether the regulatory action is ``significant'' 
    and therefore subject to OMB review and the requirements of the 
    Executive Order. The Order defines ``significant regulatory action'' as 
    one that is likely to result in a rule that may:
        (1) have an annual effect on the economy of $100 million or more or 
    adversely affect in a material way the economy, a sector of the 
    economy, productivity, competition, jobs, the environment, public 
    health or safety, or State, local, or tribal governments or 
    communities;
        (2) create a serious inconsistency or otherwise interfere with an 
    action taken or planned by another agency;
        (3) materially alter the budgetary impact of entitlements, grants, 
    user fees, or loan programs or the rights and obligations of recipients 
    thereof; or
        (4) raise novel legal or policy issues arising out of legal 
    mandates, the President's priorities, or the principles set forth in 
    the Executive Order.
        Pursuant to the terms of Executive Order 12866, it has been 
    determined that this rule is not a ``significant regulatory action'' 
    under the terms of Executive Order 12866 and is therefore not subject 
    to OMB review.
    
    X. Unfunded Mandates Reform Act
    
        Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
    L. 104-4, establishes requirements for Federal agencies to assess the 
    effects of their regulatory actions on State, local, and tribal 
    governments and the private sector. Under section 202 of the UMRA,
    
    [[Page 35684]]
    
    EPA generally must prepare a written statement, including a cost-
    benefit analysis, for proposed and final rules with ``Federal 
    mandates'' that may result in expenditures to State, local, and tribal 
    governments, in the aggregate, or to the private sector, of $100 
    million or more in any one year. Before promulgating an EPA rule for 
    which a written statement is needed, section 205 of the UMRA generally 
    requires EPA to identify and consider a reasonable number of regulatory 
    alternatives and adopt the least costly, most cost-effective or least 
    burdensome alternative that achieves the objectives of the rule. The 
    provisions of section 205 do not apply when they are inconsistent with 
    applicable law. Moreover, section 205 allows EPA to adopt an 
    alternative other than the least costly, most cost-effective or least 
    burdensome alternative if the Administrator publishes with the final 
    rule an explanation why that alternative was not adopted.
        Under section 204 of the UMRA, EPA generally must develop a process 
    to permit elected officials of State, local and tribal governments (or 
    their designated employees with authority to act on their behalf) to 
    provide meaningful and timely input in the development of regulations 
    containing significant Federal intergovernmental mandates. These 
    consultation requirements build on those of Executive Order 12875 
    (``Enhancing the Intergovernmental Partnership'').
        Before EPA establishes any regulatory requirements that may 
    significantly or uniquely affect small governments, including tribal 
    governments, it must have developed under section 203 of the UMRA a 
    small government agency plan. The plan must provide for notifying 
    potentially affected small governments, enabling officials of affected 
    small governments to have meaningful and timely input in the 
    development of EPA regulatory proposals with significant Federal 
    intergovernmental mandates, and informing, educating, and advising 
    small governments on compliance with the regulatory requirements.
        EPA has determined that this rule does not contain a Federal 
    mandate that may result in expenditures of $100 million or more for 
    State, local, and tribal governments, in the aggregate, or the private 
    sector in any one year. This rule is intended to reduce the burden of 
    compliance by affected industries with certain federal effluent 
    requirements. In addition, the approach selected for altering the 
    existing regulations is intended also to decrease implementation 
    burdens for State and local governments. Thus, today's rule is not 
    subject to the requirements of sections 202 and 205 of the UMRA.
        Similarly, EPA has also determined that this rule contains no 
    regulatory requirements that might significantly or uniquely affect 
    small governments and thus this rule is not subject to the requirements 
    of section 203 of UMRA. However, EPA has nonetheless involved state and 
    local governments in the process of developing this rule. The Agency 
    consulted with representatives of selected POTWs regarding the 
    underlying technical aspects of this rule. The Agency will continue 
    this process of consulting with state, local and other affected parties 
    after issuance of the rule in order to further minimize the potential 
    for unfunded mandates.
    
    XI. Regulatory Flexibility Analysis
    
        The Regulatory Flexibility Act, 5 U.S.C 601 et seq., requires EPA 
    and other agencies to prepare a final regulatory flexibility analysis 
    for regulations that have a significant impact on a substantial number 
    of small entities. This regulatory action does not have any adverse 
    impact on either small or large entities. Therefore, a regulatory 
    flexibility analysis is not required. Pursuant to section 605(b) of the 
    Regulatory Flexibility Act, 5 U.S.C. 605(b), the Administrator 
    certifies that this rule will not have a significant economic impact on 
    a substantial number of small entities.
    
    XII. Submission to Congress and the General Accounting Office
    
        Under section 801(a)(1)(A) of the Administrative Procedure Act 
    (APA) as amended by the Small Business Regulatory Enforcement Fairness 
    Act of 1996, EPA submitted a report containing this rule and other 
    required information to the U.S. Senate, the U.S. House of 
    Representatives and the Comptroller General of the General Accounting 
    Office prior to publication of the rule in today's Federal Register. 
    This rule is not a ``major rule'' as defined by section 804(2) of the 
    APA as amended.
    
    XIII. Paperwork Reduction Act
    
        In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 
    3500 et seq., EPA must submit a copy of any rule that contains a 
    collection-of-information requirement to the Director of the Office of 
    Management and Budget for review and approval. This rule contains no 
    additional information collection requirements beyond those already 
    required by 40 CFR part 403 and 40 CFR part 122 and by 40 CFR Part 425, 
    and therefore the review requirement of the Paperwork Reduction Act is 
    not applicable.
    
    XIV. Administrative Procedure Requirements
    
        The Agency is publishing this action as a ``direct final'' rule. A 
    direct final rule is not an ``interim final'' rule (i.e. a rule which 
    provides for public comment after it has gone into effect); rather it 
    is a rule which is published with a delayed effective date allowing for 
    the receipt of and response to public comment before the rule goes into 
    effect. A response to all comments received will be placed in the 
    docket for this rule prior to the effective date. This rule thus fully 
    complies with notice-and-comment requirements under the Administrative 
    Procedure Act (APA). EPA has chosen to use the direct final approach 
    for this rule because the Agency does not expect to receive adverse or 
    critical comment and to allow for the most expeditious implementation 
    possible, consistent with the APA. However, consistent with APA 
    requirements, if EPA does receive significant adverse or critical 
    comment, EPA will withdraw this rule prior to its effective date and 
    proceed with a normal rulemaking process. As a result, elsewhere in 
    today's Federal Register, EPA is also proposing this rule; if EPA 
    decides to withdraw the direct final rule based on public comment, EPA 
    will proceed with a revised rule based on this proposal. There will not 
    be an additional comment period, so parties interested in commenting on 
    the proposed rule should do so at this time.
    
    List of Subjects in 40 CFR Part 425
    
        Leather, Leather Tanning and Finishing, Water Pollution Control, 
    Wastewater Treatment and Disposal, Pretreatment Standards for Existing 
    and New Sources.
    
        Dated: June 26, 1996.
    Carol M. Browner,
    Administrator.
        For the reasons set out in the preamble, part 425, subchapter N, 
    chapter I, of title 40, Code of Federal Regulations, is amended as 
    follows:
    
    PART 425--[AMENDED]
    
        1. The authority citation for part 425 is revised to read as 
    follows:
    
        Authority: 33 U.S.C. 1311, 1314 (b), (c), (e) and (g), 1316 (b) 
    and (c), 1317 (b) and (c), 1318 and 1361.
    
    Subpart A--Hair Pulp, Chrome Tan, Retan-Wet Finish Subcategory
    
        2. Section 425.15(a) is amended by revising the footnote to the 
    table to read as follows:
    
    [[Page 35685]]
    
    Sec. 425.15  Pretreatment standards for existing sources (PSES).
    
        (a) * * *
    ______________
        \1\ Not less than 7.0.
    * * * * *
    
    Subpart B--Hair Save, Chrome Tan, Retan-Wet Finish Subcategory
    
        3. Section 425.25 is amended by revising the footnote to the table 
    to read as follows:
    
    
    Sec. 425.25  Pretreatment standards for existing sources (PSES).
    
    * * * * *
    ______________
        \1\ Not less than 7.0.
    
    Subpart F--Through-the-Blue Subcategory
    
        4. Section 425.65 is amended by revising the footnote to the table 
    to read as follows:
    
    
    Sec. 425.65  Pretreatment standards for existing sources (PSES).
    
    * * * * *
    ______________
        \1\ Not less than 7.0.
    
    Subpart H--Pigskin Subcategory
    
        5. Section 425.85 is amended by revising the footnote to the table 
    to read as follows:
    
    
    Sec. 425.85  Pretreatment standards for existing sources (PSES).
    
    * * * * *
    ______________
        \1\ Not less than 7.0.
    
    [FR Doc. 96-17023 Filed 7-5-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
10/7/1996
Published:
07/08/1996
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
96-17023
Dates:
This rule is effective on October 7, 1996 unless significant adverse or critical comments are received by September 6, 1996. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
35680-35685 (6 pages)
Docket Numbers:
FRL-5527-4
RINs:
2040-AC48: Leather Tanning and Finishing Effluent Guidelines--Pretreatment Standards for Existing and New Sources
RIN Links:
https://www.federalregister.gov/regulations/2040-AC48/leather-tanning-and-finishing-effluent-guidelines-pretreatment-standards-for-existing-and-new-source
PDF File:
96-17023.pdf
CFR: (4)
40 CFR 425.15
40 CFR 425.25
40 CFR 425.65
40 CFR 425.85