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PRODUCT AND PRODUCT GROUP DISCHARGES SUBJECT TO EFFLUENT LIMITATIONS AND STANDARDS. for the

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PROUCT AN PROUCT ROUP ISCARES SUBJECT TO EFFLUENT LIMITATIONS AN STANARS for the ORANIC CEMICALS, PLASTICS, AN SYNTETIC FIBERS POINT SOURCE CATEORY - 40 CFR 414 April 2005 Office of Water U.S. Environmental
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PROUCT AN PROUCT ROUP ISCARES SUBJECT TO EFFLUENT LIMITATIONS AN STANARS for the ORANIC CEMICALS, PLASTICS, AN SYNTETIC FIBERS POINT SOURCE CATEORY - 40 CFR 414 April 2005 Office of Water U.S. Environmental Protection Agency 1200 Pennsylvania Ave., N.W. Washington,.C Section Table of Contents Page Introduction Summary of the 40 CFR Regulated Parameters Requirements for irect and Indirect ischargers Identifying and Classifying Products Whose Production May be Subject to the OCPSF Regulation The SIC Manual and Codes Industrial Categories Applicable to Chemicals and Allied Products Part 414 Applicability to Production of Chemicals and Chemical Products Applicability of Wastewater from On-Site Auxiliary Operations eneral iscussion of OCPSF-Related Products Whose Manufacture May Not Be Regulated by Part Products Classified and Previously Reported under Specific SIC Codes That Are Not Subject to Part Products Listed in Part 414 That Are Regulated by Another Industrial Category Are Not Subject to Part 414 in Certain Circumstances Organic Chemicals Regulated by the Iron and Steel Category (40 CFR 420) Organic Chemicals Regulated by the Pesticides Chemicals Category (40 CFR 455) Organic Chemicals Regulated by the Pharmaceutical Category Products Regulated by the Plastics Molding & Forming Category (40 CFR 463) Organic Chemicals Regulated by the Soap and etergent Category (40 CFR 417) Organic Chemical Manufacturing Processes Not Subject to Part Synthetic Fibers Identifying and Classifying Products Subject to Part 414 at a Plant An example to emonstrate the Use of Tables 2-5 to 2-8 and the Appendix OCPSF products classified under: SYNTETIC FIBERS (Subparts B, C) PLASTICS (Subparts, E) ORANIC CEMICALS (Subparts F, ) APPENIX - Combined List of Organic Chemical Products Applicable to Subparts F,, and Index of Tables Table escription Page 1-1 Summary of 40 CFR part Industrial Categories that May Apply to the Production of Certain Chemicals and Allied Products Applicability of Subparts of 40 CFR 414 to Manufacture of Products and Product roups SIC Codes and Product roups Specified as Not Subject to Part Synthetic Fiber efinitions Combined List of Synthetic Fibers Combined List of Plastics Commodity Organic Chemicals - Subpart F Bulk Organic Chemicals - Subpart ISCLAIMER The discussion in this document is intended solely as guidance. The statutory provisions and regulations of the U.S. Environmental Protection Agency (EPA) described in this document contain legally binding requirements. This document is not a regulation itself, nor does it change or substitute for those provisions and regulations. Thus, it does not impose legally binding requirements on EPA, States or the regulated community. This guidance does not confer legal rights or impose legal obligations upon any member of the public. While EPA has made every effort to ensure the accuracy of the discussion in this guidance, the obligations of the regulated community are determined by statutes, regulations or other legally binding requirements. In the event of a conflict between the discussion in this document and any statute or regulation, this document would not be controlling. The general descriptions provided here may not apply to particular situations based upon the circumstances. Interested parties are free to raise questions and objections about the substance of this guidance and the appropriateness of the application of this guidance to a particular situation. EPA and other decision-makers retain the discretion to adopt approaches on a case-by-case basis that differ from those described in this guidance where appropriate. Mention of trade names or commercial products does not constitute an endorsement or recommendation for their use. This document may be revised periodically without public notice. EPA welcomes public input on this document at any time. Introduction Rules of the U.S. Environmental Protection Agency regulate discharges from the production of organic chemicals, plastics and synthetic fibers. Under the Clean Water Act, EPA has promulgated effluent limitations and pretreatment standards controlling these discharges. These regulations are codified in the Code of Federal Register at 40 CFR Subchapter N. EPA has established limitations and standards in a number of different industry classes and categories that address production of organic chemicals. These include the Soap and etergent Manufacturing Point Source Category (40 CFR Part 417), Petroleum Refining Point Source Category (40 CFR Part 419), the Iron and Steel Point Source Category (40 CFR Part 420), the Pharmaceutical Manufacturing Point Source Category (40 CFR Part 439), the Pesticide Chemicals Point Source Category (40 CFR Part 455) and the Plastics Moulding and Forming Point Source Category (40 CFR Part 463). EPA has also promulgated regulations specific to the production of organic chemicals, plastics and synthetic fibers. These regulations for the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category are codified at 40 CFR Part 414. The Part 414 regulations apply to discharges from the manufacture of certain organic chemical products by manufacturers who report data to the U.S. epartment of Commerce for their facilities under the specific Federal classification codes that are identified in the Part 414 regulations. This document will aid the reader in determining whether the regulations in Part 414 apply to its discharges. It first explains how a facility determines whether Part 414 or one of the other subchapter N regulations noted above applies to its operation. Next, it provides an extensive list of products that may be subject to the Part 414 requirements. 1 1. Summary of 40 CFR 414 This regulation (Title 40 of the Code of Federal Regulations, Part 414) establishes restrictions on wastewater discharges from facilities manufacturing organic chemicals, plastics and synthetic fibers (OCPSF). The Part 414 regulations are one of a number of regulations codified at 40 CFR Subchapter N establishing effluent limitations, pretreatment standards, and new source performance standards for classes and categories of industrial operations. The OCPSF regulation applies to process wastewater discharges resulting from the manufacture of seven products or product groups at facilities included within five specified U.S. epartment of Commerce Bureau of the Census Standard Industrial Classification system (SIC) groups. 1 The regulation, however, does not apply to discharges from the manufacture of those seven products or product groups if included in six other SIC subgroups. Which process wastewaters are subject to this regulation is explained in 40 CFR This guidance provides further explanation of how to determine whether or not a particular wastewater is subject to the OCPSF regulation. In addition, the Appendix to this guidance provides additional help in determining when the regulation applies with respect to the manufacture of organic chemicals. EPA intends this guidance to assist EPA and Regional permitting authorities, publicly owned treatment works (POTWs) and regulated industrial sources in interpreting and implementing the OCPSF regulations. The currently applicable regulations may be found in any edition of the Code of Federal Regulations dated July, 1996 or later. Other documents that may be useful in understanding this regulation are: Final evelopment ocument for the OCPSF category, Volume II. EPA# 440/1-87/009, October, 1987 (NTIS Accession No. PB ). This document gives a listing of OCPSF products applicable to Subpart. 1 SIC codes are four digit numerical codes assigned by the U.S. government to business establishments to identify the primary business of the establishment. The classification was developed to facilitate the collection, presentation, and analysis of data; and to promote uniformity and comparability in the presentation of statistical data collected by various agencies of the federal government, state agencies, and private organizations. The classification covers all economic activities: agriculture, forestry, fishing, hunting, and trapping; mining; construction; manufacturing; transportation; communications, electric, gas, and sanitary services; wholesale trade; retail trade; finance, insurance, and real estate; personal, business, professional, repair, recreation, and other services; and public administration. The Office of Management and Budget published several editions of an official U.S. guide to the SIC codes assigned to establishments by the Federal government, the Standard Industrial Classification Manual. Until 1997, manufacturers reported data on their operations annually to the Census Bureau in the U. S. epartment of Commerce using SIC codes to identify their classification of industrial activity. Subsequently, in mid-1997, the Office of OMB announced the establishment of a new economic classification system that replaced the 1987 Standard Industrial Classification Manual with a revised classification system the North American Industrial Classification System (NAIC). NAIC was developed jointly by the U.S., Canada, and Mexico to provide new comparability in statistics about business activity across North America. The NAIC codes assigned to chemical and allied products production correspond in large part to the earlier SIC codes. See also discussion at page 3, infra. 2 Supplement to the evelopment ocument for the OCPSF category. EPA# 821/R , 1993 (NTIS Accession No. PB ). Among other things, this document describes the rationale for deleting phenol and 2,4 dimethylphenol from the pollutants regulated under Subpart K. The 2002 U.S. NAIC Manual, North American Industry Classification System United States, 2002, includes definitions for each industry, tables showing correspondence between 2002 NAIC and 1997 NAIC for codes that changed, and a comprehensive index is also available on its web site. To order the 1400-page 2002 Manual, in print, call NTIS at (800) or (703) , or check the NTIS web site. The 1250-page, 1997 Manual, showing correspondence between 1997 NAIC and 1987 SIC, is also available. The 2002 and 1997 versions of NAIC are available on C-ROMs, which can be ordered at NTIS. Also available from the U.S. Bureau of Census on its website are lists of 2002 NAICS codes (with links to definitions), 1997 NAIC codes, tables showing correspondence between the 1007 NAIC and SIC, tables showing correspondence between 1997 NAIC and 2002 NAIC, and other files for downloading. 1.1 Regulated Parameters The regulations at Part 414 establish effluent limitations for three conventional pollutants five-day biochemical oxygen demand (BO 5 ), total suspended solids (TSS) and p in Subparts B through for direct dischargers (point sources discharging directly to surface waters) as well as limitations and pretreatment standards for certain toxic pollutants 2 at Subpart I through K for direct and indirect dischargers (point sources discharging to a POTW). The limitations for direct dischargers differ depending on whether the discharger employs biological treatment (Subpart I) or non-biological treatment (Subpart J) as its end of process treatment. Indirect dischargers are subject to the pretreatment standards in Subpart K. It should be noted that Subparts I, J, and K differ, not only with respect to the specific priority pollutants listed, but in the numerical limits for a particular priority pollutant as well. 1.2 Requirements for irect and Indirect ischargers Both new and existing direct dischargers manufacturing over 5 million pounds of OCPSF products per year are subject to effluent limitations for BO 5, TSS, p, and other selected toxic priority pollutants. irect dischargers that manufacture not more than 5 million pounds of OCPSF products per year are subject only to effluent limitations for BO 5 and TSS and p, but are not subject to effluent limitations for toxic priority pollutants. 2 Section (c) defines priority pollutants as the toxic pollutants listed at 40 CFR This is in error. The 65 compounds and classes of compounds listed at section were given legal definition in the 1977 Amendments to the Clean Water Act (CWA). Since analysis of nebulous classes of compounds is impractical, EPA specified 126 (originally 129) chemicals to provide analytically explicit examples of the 65 compounds and classes of compounds and developed methods to analyze for the specified chemicals, which became widely known by the collective term priority pollutants. The pollutant parameters regulated in Part 414 are listed in the Appendix of 40 CFR New and existing indirect dischargers must comply with the pretreatment standards in Subpart K if they manufacture products or product groups specified in 40 CFR The categorical pretreatment standards at Subpart K do not restrict the discharge of the conventional pollutants: BO 5, TSS, and p. Table 1-1 summarizes the requirements of the OCPSF regulation for both direct and indirect dischargers. Type of ischarger Table 1-1. Summary of 40 CFR Part 414 Regulated Parameters Applicable Subpart(s) irect: Manufactures up to 5x10 6 lbs./yr of OCPSF products. BO 5, TSS, p B through irect: Manufactures over 5x10 6 lbs./yr of OCPSF products and uses end-of-pipe, biological* treatment technology. irect: Manufactures over 5x10 6 lbs./yr of OCPSF products and does not use end-of-pipe, biological* treatment technology. BO 5, TSS, p I Priority pollutants BO 5, TSS, p J Priority pollutants B through I B through J Indirect: Any production of OCPSF products. K Priority pollutants K * The regulation does not define end-of-pipe, biological treatment. Biological treatment technology employs microorganisms to biochemically oxidize or degrade organic materials in wastewater. Non-biological treatment technologies, often described as physical-chemical treatment, do not employ microorganisms but remove materials from wastewater by a physical process (e.g., steam stripping) or a chemical process (e.g., addition of a chemical precipitant) process. Process wastewater in a plant manufacturing OCPSF products may be treated at the end-ofpipe, in-plant, or a combination of both. End-of-pipe treatment refers to the application of a treatment technology to process wastewater immediately before final discharge to receiving waters. In-plant treatment refers to the application of a treatment technology to process wastewater prior to its flow to a facility s end-of-pipe treatment system. 4 2. Identifying and Classifying Products Whose Production May be Subject to the OCPSF Regulation EPA receives frequent questions from various permitting authorities and the regulated community about how to determine which industrial category regulated by 40 CFR Subchapter N applies to discharges associated with the manufacture of particular chemical products. In many cases, the inquirer asks a two-part question. (1) Regulations for which industrial category, if any, apply to the manufacture of my product(s)? and (2) If there are applicable regulations, what effluent limitations or pretreatment standards apply to the manufacture of my product? Part 414 is unique among EPA s effluent guidelines and standards regulation because it defines the scope and applicability of the regulation in terms of both types of product and how the manufacture of the product is classified in the U.S. Census Bureau Standard Industrial Classification (SIC) codes. 2.1 The SIC Manual and Codes The SIC Manual (and its successor NAIC Manual) associates SIC codes with a generic description of a group of products of commerce. Typically, this is followed by a list of product groups and individual products that are illustrative of important products of this industry. The first two digits of the code identify the major industry group, the third digit identifies the industry group, and the fourth digit identifies the industry. SIC codes were created to classify manufacturing activity for the collection of economic data. For this reason, SIC codes are often technically ambiguous in classifying the products of commerce. For example, a product marketed into different segments of the economy (end uses), or associated with different types of manufacturing activity (industrial categories), may be reported under more than one SIC code. Thus, SIC codes are useful for broadly classifying products into an industrial category, but may not be entirely appropriate in all cases. 2.2 Industrial Categories Applicable to Chemicals and Allied Products The SIC Manual classified chemicals and allied products under Major roup 28, which is further broken down into industrial groups and subgroups of products. Wastewater discharges associated with the manufacture of some of these product groups may be subject to regulation under provisions of EPA s guidelines and standards regulations at 40 CFR Subchapter N. Table 2-1 summarizes industrial categories of chemicals and allied products that may be subject to those regulations. 5 Table 2-1. Industrial Categories that May Apply to the Production of Certain Chemicals and Allied Products SIC Industrial roup Products SIC code(s) Classification May be Subject to 40 CFR 281 Industrial Inorganic Chemicals 2812, 2819 Part Plastic Materials and Synthetic Resins Synthetic Rubber Cellulosic and Other Manmade Fibers , 2824 Part 414 Part 428 Part rugs (Pharmaceuticals) 2833, 2834 Part Soap, etergents and Cleaning Preparations 2843 Part Paints, Varnishes, Lacquers and Enamels 2851 Part Paints, Varnishes, Lacquers and Enamels um and Wood Chemicals 2865, , 2899 Part 414 Part Agricultural Chemicals (Pesticides) 2879 Part Miscellaneous Chemicals 2899 Part Part 414 Applicability to Production of Chemicals and Chemical Products As noted previously, Part 414's requirements apply only to discharges associated with the manufacture of products and SIC codes specified at 40 CFR See also the discussion in the preamble to the final regulations at 52 FR (Nov. 5, 1987) and its amendment at 58 FR (July 9, 1993). The SIC classification of a product should remain consistent with the SIC code under which it has been historically reported. 3 In determining what products and product groups should be subject to Part 414, EPA relied on the following sources: a. Responses of plants to the 1983 Clean Water Act section 308 Questionnaire. b. omestic chemical production data. 4 c. Products listed in the 1987 SIC Manual as representative examples of particular SIC codes. Part 414 applies to process wastewater discharges from facilities which: 1) Manufacture the organic chemicals, plastics and synthetic fibers (or generic groups of these products) listed in Subparts B through ; and 3 Either to the Census Bureau, to EPA in a '308' Questionnaire, or in the application for the existing permit. 4 Published in magazines such as Chemical & Engineering News, Chemical Week, or in catalogs such as the one published by Aldrich Chemical Co. 6 2) Report their production, either previously under the following SIC codes, 5 or currently under the corresponding NAICS codes. 6 SIC Codes and NAIC Codes Applicable to Part 414 Products SIC Codes NAICS Codes Organic chemicals 2865, 2869, 2899* , , Plastics Synthetic fibers 2823, , * Part 414 is not applicable to products that are reported under SIC and SIC EPA did not subject discharges from those operations to Part 414. See Section (c)(3)(i) and (ii). Table 2-2 provides a summary of products and product groups whose production may be subject to subparts of Part 414. Table 2-2. Applicability of Subparts of 40 CFR 414 to Manufacture of Products and Product roups Subpart Manufactured Products B C Applies only to cellulosic manmade fiber (Rayon) manufactured by the Viscose process, generally classified and reported under SIC Applies to all other synthetic fibers (except Rayon) generally classified and reported under SIC 2823 or under SIC Section includes a list of products subject to this subpart. The products whose production
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