[Federal Register Volume 63, Number 140 (Wednesday, July 22, 1998)]
[Rules and Regulations]
[Pages 39440-39443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19514]
[[Page 39439]]
_______________________________________________________________________
Part IV
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 455
Amendments to the Effluent Limitations Guidelines, Pretreatment
Standards, and New Source Performance Standards for the Organic
Pesticide Chemicals Manufacturing Industry--Pesticide Chemicals Point
Source Category; Direct Final Rule and Proposed Rule
Federal Register / Vol. 63, No. 140 / Wednesday, July 22, 1998 /
Rules and Regulations
[[Page 39440]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 455
[FRL-6126-6]
Amendments to the Effluent Limitations Guidelines, Pretreatment
Standards, and New Source Performance Standards for the Organic
Pesticide Chemicals Manufacturing Industry--Pesticide Chemicals Point
Source Category
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is promulgating amendments to regulations that limit the
discharge of pollutants into navigable waters of the United States and
into publicly owned treatment works (POTWs) by existing and new sources
that manufacture pesticide active ingredients (PAIs). Today's
amendments only affect new and existing facilities that manufacture the
PAI pendimethalin. These amendments are based on additional effluent
monitoring data submitted to the Agency by the sole existing
pendimethalin manufacturer, the American Cyanamid Company.
DATES: This direct final rule is effective without further notice on
October 20, 1998 unless EPA receives relevant adverse comment by
September 21, 1998. If relevant adverse comment is received, EPA will
publish a timely withdrawal of the direct final rule in the Federal
Register and inform the public that the rule will not take effect.
ADDRESSES: Send comments in triplicate to Ms. Shari H. Zuskin, Office
of Water, Engineering and Analysis Division (4303), U.S. Environmental
Protection Agency, 401 M Street, SW, Washington DC 20460. Comments may
also be sent via e-mail to: zuskin.shari@epamail.epa.gov. Electronic
comments must be submitted in ACSII file avoiding the use of special
characters and any form of encryption. Electronic comments will also be
accepted in WordPerfect 5.1 or 6.1 file format. No Confidential
Business Information (CBI) should be submitted through e-mail.
FOR FURTHER INFORMATION CONTACT: Ms. Shari H. Zuskin at (202) 260-7130
or via e-mail at: zuskin.shari@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
Regulated Entities
Entities potentially regulated by this action are existing or new
sources which generate process wastewater from the manufacture of the
pesticide active ingredient Pendimethalin. Regulated categories and
entities include:
------------------------------------------------------------------------
Examples of regulated
Category Entities
------------------------------------------------------------------------
Industry.................................. Existing or New
Pesticide Manufacturers of
Pendimethalin.
------------------------------------------------------------------------
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. 455.20 of the final rule, published
in the Federal Register on September 28, 1993 [58 FR 50869]. 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.
Overview
This preamble describes the legal authority of this direct final
rule, background information on the final pesticide chemicals
manufacturing industry effluent limitations guidelines and standards
(58 FR 50638; September 28, 1993), the amendments to the September 1993
final rule, and the application of the technical and economic
methodologies developed for the final rule to the development of these
amendments.
Abbreviations, acronyms, and other terms used in this preamble are
defined in Appendix A of the preamble to the final pesticide chemicals
manufacturing effluent limitations guidelines and standards (58 FR
50638; September 28, 1993).
I. Legal Authority
II. Background
A. Development of Final Pesticide Chemicals Manufacturing
Guidelines
B. American Cyanamid Petition for Review
III. Amendments to the Final Pesticide Chemicals Manufacturing
Guidelines
IV. Environmental Impact of the Amendments
V. Economic Impact of the Amendments
VI. Promulgation as a Direct Final Rule
VII. Related Acts of Congress and Executive Orders
A. Executive Order 12866
B. Unfunded Mandates Reform Act (UMRA)
C. Regulatory Flexibility Act as Amended by the Small Business
Regulatory Enforcement Act of 1996 (SBREFA)
D. Congressional Review Act
E. Paperwork Reduction Act
F. Executive Order 13045
G. National Technology Transfer and Advancement Act
I. Legal Authority
These amendments are being promulgated to revise the effluent
guidelines and standards of performance for the Organic Pesticide
Chemicals Subcategory of the Pesticide Chemicals Point Source Category
under the authorities of Sections 301, 304, 306, 307, and 501 of the
Clean Water Act, also referred to as ``the Act.''
II. Background
A. Development of Final Pesticide Chemicals Manufacturing Guidelines
A full discussion of the development of the final pesticide
chemicals manufacturing effluent limitations guidelines and standards
is presented in the preamble to the final rule (58 FR 50638; September
28, 1993). To summarize, on April 10, 1992, (57 FR 12560) EPA proposed
new effluent limitations guidelines and standards for new and existing
facilities that manufacture pesticide active ingredients (PAIs). The
PAI-specific numeric limitations were based, wherever possible, on
actual industry monitoring data of the effluent concentrations of PAIs
in wastewaters treated by full-scale treatment systems considered to be
best available technology economically achievable (BAT). Where actual
full-scale data were not available, the final BAT limitations were
based on a transfer of treatment system performance data between
structurally similar PAIs, supported by data from EPA or industry
bench-scale treatability studies. In some cases, the final BAT
limitations may require that existing PAI treatment technologies be
improved by enhanced operations, such as: hydrolysis with increased
retention time; carbon adsorption with increased retention time; and
additional PAI monitoring. After incorporating new data submittals
(mostly additional long-term treatment system performance data), as
discussed in a Notice of Data Availability (NOA) (58 FR 19392; April
14, 1993), EPA promulgated final regulations for the pesticide
chemicals manufacturing industry on September 28, 1993.
B. American Cyanamid Petition for Review
As part of the 1993 promulgated effluent limitations guidelines and
standards, numerical limitations were included based on incineration as
the BAT technology for pendimethalin and two other PAIs (terbufos and
phorate)
[[Page 39441]]
manufactured by American Cyanamid. American Cyanamid incinerates
wastewater and other waste generated during the manufacture of these
three PAIs, and discharges incinerator scrubber blowdown from their
facility. The proposed numerical limitations for these three PAIs were
calculated using data provided to EPA by American Cyanamid, including
annual production data, the number of annual production days, and daily
flow rate and effluent monitoring data for pendimethalin, terbufos, and
phorate.
In their comments on the proposed rule, American Cyanamid disagreed
with EPA on the technical details of how the numerical limitations were
developed for pendimethalin, terbufos, and phorate. For pendimethalin,
American Cyanamid commented that EPA had only included data from one of
their two incinerators used to treat wastewaters containing
pendimethalin. American Cyanamid's other comments, concerning all three
PAIs, focused primarily on the calculation and use of long-term flow
rates and PAI loadings in the incinerator scrubber blowdown streams.
EPA recalculated the limitations for pendimethalin, phorate, and
terbufos based on American Cyanamid's comments, and presented the
revised limitations in the April 14, 1993, NOA. American Cyanamid did
not comment on the phorate and terbufos limitations presented in the
NOA, but did comment on the pendimethalin limitations. The comments
related to pendimethalin questioned whether certain daily loadings in
their effluent monitoring database should have been used to calculate
the pendimethalin limitations based on the incinerator flow rate data
available on those days. EPA took these comments into account when
calculating the final pendimethalin limitations, which were promulgated
on September 28, 1993.
In February 1994, American Cyanamid filed a petition for review of
the final effluent limitations guidelines and standards (American
Cyanamid Company v. U.S. Environmental Protection Agency, No. 94-1367
(8th Cir.)). Among other things, American Cyanamid disagreed with the
statistical approach EPA used in the final rule to calculate mass-based
limitations using the daily mass loading, flow rate, and production
data available for pendimethalin. After filing its petition, American
Cyanamid also provided EPA with some additional long-term monitoring
data for the company's pendimethalin incineration operations. Although
EPA has not changed its statistical approach for deriving the
limitations, the Agency has evaluated the new monitoring data submitted
by American Cyanamid and has agreed, through today's rule amendments,
to revise the limitations for pendimethalin based on these new data.
EPA and American Cyanamid also agreed on an approach for determining
which daily monitoring data EPA should use to calculate today's revised
pendimethalin limitations. Specifically, EPA used monitoring data for
only those days when both flow rate and PAI concentration data
(specifically pendimethalin data) were available for both operating
incinerators. American Cyanamid has agreed that it will terminate its
petition for review of the final regulations in light of the new
pendimethalin limits that EPA is promulgating today as well as an
additional letter that EPA has sent to the company clarifying the
operation of these regulations.
III. Amendments to the Final Pesticide Chemicals Manufacturing
Guidelines
The amendments change the daily maximum and monthly average
effluent limitations for pendimethalin listed for new and existing
direct and indirect discharges. Table 2 to Part 455 lists the ``Organic
Pesticide Active Ingredient Effluent Limitations Best Available
Technology Economically Achievable (BAT) and Pretreatment Standards for
Existing Sources (PSES).'' Table 3 to Part 455 lists the ``Organic
Pesticide Active Ingredient New Source Performance Standards (NSPS) and
Pretreatment Standards for New Sources (PSNS).''
EPA has revised the daily maximum effluent limitation for
pendimethalin from the current limit of 1.17 x 10-2 pounds
pendimethalin pollutant/1,000 pounds pendimethalin product to a new
limit of 1.30 x 10-2 pounds pendimethalin pollutant/1,000
pounds pendimethalin product.
EPA has also revised the monthly average effluent limitation for
pendimethalin from the current limit of 3.62 x 10-3 pounds
pendimethalin pollutant/1,000 pounds pendimethalin product to a new
limit of 3.99 x 10-3 pounds pendimethalin pollutant/1,000
pounds pendimethalin product.
IV. Environmental Impact of the Amendments
The previously promulgated pendimethalin limitations are being
amended in today's notice based on additional incinerator operating
data provided to EPA by American Cyanamid. EPA modified the long-term
monitoring database used to calculate the previously promulgated
pendimethalin limitations with these operating data. EPA believes that
the long-term monitoring database supporting today's revised
limitations represents an accurate indication of incinerator
performance and achievable pendimethalin discharge loadings. The
amended limitations represent relatively small increases in the
allowable pendimethalin discharge loadings. Therefore, these amendments
are not expected to significantly impact the pendimethalin loadings
currently discharged from the incinerators. As noted, there is only one
existing manufacturer of pendimethalin. For these reasons, the revised
limitations are not expected to significantly affect the environmental
impact analysis that was issued at the time the final rule was
promulgated.
V. Economic Impact of the Amendments
These amendments to the previously promulgated limitations do not
alter the BAT treatment technology for pendimethalin. The Agency
considered the economic impact of the regulation when the limitations
were promulgated in 1993, and concluded at that time that the
pendimethalin limitations were economically achievable. Because the
amendments are based on the same BAT technology and level of operation
for which costs were developed at promulgation, the economic impact is
not expected to be significantly changed.
VI. Promulgation as a Direct Final Rule
EPA is promulgating these changes to the Part 455 limitations for
pendimethalin as a ``direct final'' rule because the Agency believes
they are noncontroversial. We do not expect any relevant adverse
comments on these rule changes. Nevertheless, since it is possible that
there are such interested parties, EPA is providing an opportunity for
the public to submit comments on today's rule. Specifically, EPA is
issuing a separate, parallel proposal elsewhere in today's Federal
Register that references the rule changes set forth in this direct
final rule.
If EPA receives relevant adverse comments on the rule by the close
of the 60-day comment period, it will publish a document in the Federal
Register that withdraws this direct final rule in a timely manner. The
Agency will then address the public comments in a later final rule that
is based on today's proposed rule. Note that EPA will not provide for a
second comment period on this action. Any parties interested in
commenting on this action must do so at this time.
[[Page 39442]]
If, as expected, EPA does not receive relevant adverse comment on
the rule, then this direct final rule will become effective on the
effective date noted above, without further notice.
VII. Related Acts of Congress and Executive Orders
A. Executive Order 12866
Under Executive Order 12866, (58 FR 51,735 (October 4, 1993)) the
Agency must determine whether this 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.
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.
B. Unfunded Mandates Reform Act (UMRA)
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.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, 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. 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. Again, today's amendments do not significantly
alter the pendimethalin numerical limitations and, in fact, simply
relax these limitations slightly. Therefore, there is no additional
compliance cost associated with today's amendments. Thus, today's final
rule is not subject to the requirements of Sections 202 and 205 of the
UMRA. In addition, today's amendments do not add any additional
requirements/mandates on State, local and/or tribal governments beyond
those of the final regulation promulgated in 1993. Currently there is
only one State government that would have to revise the permit for one
facility based on the amendments being promulgated today. This State
government has already been notified. Therefore, EPA has determined
that this rule contains no regulatory requirements that might
significantly or uniquely affect small governments.
C. Regulatory Flexibility Act as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA)
Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act,
EPA generally is required to conduct a regulatory flexibility analysis
describing the impact of the regulatory action on small entities as
part of the rulemaking. However, under section 605(b) of the RFA, if
EPA certifies that the rule will not have a significant economic impact
on a substantial number of small entities, EPA is not required to
prepare an RFA. Pursuant to section 605(b) of the Regulatory
Flexibility Act, 5 U.S.C. 605(b), the Administrator certifies that the
final rule will not have a significant economic impact on a substantial
number of small entities.
As discussed earlier in this notice, there are no added costs to
the regulated community associated with compliance with this final
rule. The rule simply replaces the current effluent limitations and
standards for one pesticide active ingredient, pendimethalin, with less
stringent limitations and standards. In these circumstances, there will
obviously be no increase in the cost of compliance with the
requirements. Further, there is only one pesticide manufacturer of
pendimethalin in this subcategory and the manufacturer is not a small
entity, as defined by the Small Business Administration (SBA)
1. Consequently, today's change will not have a significant
economic impact on a substantial number of small entities.
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\1\ SBA defines a small business in the Pesticide Chemicals
Manufacturing Industry as an entity with less than 500 firm
employees.
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D. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit 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 United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
E. Paperwork Reduction Act
There are no information collection requirements in today's final
rule.
F. Executive Order 13045
The Executive Order, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that EPA determines (1) ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria,
[[Page 39443]]
the Agency must evaluate the environmental health or safety effects of
the planned rule on children; and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
EPA interprets the E.O. 13045 as encompassing only those regulatory
actions that are risk based or health based, such that the analysis
required under section 5-501 of the E.O. has the potential to influence
the regulation. This rule is not subject to E.O. 13045 because it does
not involve decisions regarding environmental health or safety risks.
G. National Technology Transfer and Advancement Act
Under section 12(d) of the National Technology Transfer and
Advancement Act (``NTTAA''), the Agency is required to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices,
etc.) that are developed or adopted by voluntary consensus standard
bodies. Where available and potentially applicable voluntary consensus
standards are not used by EPA, the Act requires the Agency to provide
Congress, through the Office of Management and Budget, an explanation
of the reasons for not using such standards.
There are no specified and/or otherwise affected analytical methods
in today's amendments.
List of Subjects in 40 CFR Part 455
Environmental protection, Pesticide chemicals manufacturing, Water
treatment and disposal, Water pollution control.
Dated: July 14, 1998.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations, is amended as follows:
PART 455--[ AMENDED]
1. The authority citation for part 455 continues to read as
follows:
Authority: Sections 301, 304, 306, 307, and 501 Pub. L. 92-500,
86 Stat, 816, Pub. L. 95-217, 91 Stat. 156, and Pub. L. 100-4, 101
Stat. 7 (33 U.S.C. 1311, 1314, 1316, 1317, and 1361).
2. In Table 2 to Part 455 the entry for pendimethalin is revised to
read as follows:
Table 2 To Part 455.--Organic Pesticide Active Ingredient Effluent Limitations Best Available Technology
Economically Achievable (BAT) and Pretreatment Standards for Existing Sources (PSES)
----------------------------------------------------------------------------------------------------------------
kg/kkg (lb/1,000 lb) pounds of pollutant per 1000
lbs. product
Pesticide --------------------------------------------------- Notes
Daily maximum shall not Monthly average shall
exceed not exceed
----------------------------------------------------------------------------------------------------------------
* * * * * * *
*
Pendimethalin....................... 1.30 x 10 -\2\ 3.99 x 10 -\3\
* * * * * * *
*
----------------------------------------------------------------------------------------------------------------
* * * * *
3. In Table 3 to part 455 the entry for pendimethalin is revised to
read as follows:
Table 3 To Part 455.--Organic Pesticide Active Ingredient New Source Performance Standards (NSPS) and
Pretreatment Standards for New Sources (PSNS)
----------------------------------------------------------------------------------------------------------------
kg/kkg (lb/1,000 lb) pounds of pollutant per 1000
lbs. product
Pesticide --------------------------------------------------- Notes
Daily maximum shall not Monthly average shall
exceed not exceed
----------------------------------------------------------------------------------------------------------------
* * * * * * *
*
Pendimethalin....................... 1.30 x 10 -\2\ 3.99 x 10 -\3\
* * * * * * *
*
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 98-19514 Filed 7-21-98; 8:45 am]
BILLING CODE 6560-50-P
