[Code of Federal Regulations] [Title 40, Volume 25] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR403.20] [Page 50-54] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 403--GENERAL PRETREAT- MENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION--Table of Contents Sec. 403.20 Pretreatment Program Reinvention Pilot Projects Under Project XL. The Approval Authority may allow any publicly owned treatment works (POTW) that has a final ``Project XL'' agreement to implement a Pretreatment Program that includes legal authorities and requirements that are different than the administrative requirements otherwise applicable under this part. The POTW must submit any such alternative requirements as a substantial program modification in accordance with the procedures outlined in Sec. 403.18. The approved modified program must be incorporated as an enforceable part of the POTW's NPDES permit. The Approval Authority must include a reopener clause in the POTW's NPDES permit that directs the POTW to discontinue implementing the approved alternative requirements and resume implementation of its previously approved pretreatment program if the Approval Authority determines that the primary objectives of the Local Pilot Pretreatment Program are not being met or the ``Project XL'' agreement expires or is otherwise terminated. [66 FR 50339, Oct. 3, 2001] Appendix A to Part 403--Program Guidance Memorandum U.S. Environmental Protection Agency December 16, 1975. Program Guidance Memorandum--61 Subject: Grants for Treatment and Control of Combined Sewer Overflows and Stormwater Discharges. From: John T. Rhett, Deputy Assistant Administrator for Water Program Operations (WH-546). To: Regional Administrators, Regions I-X. This memorandum summarizes the Agency's policy on the use of construction grants for treatment and control of combined sewer overflows and stormwater discharges during wet-weather conditions. The purpose is to assure that projects are funded only when careful planning has demonstrated they are cost-effective. I. Combined Sewer Overflows A. Background The costs and benefits of control of various portions of pollution due to combined sewer overflows and by-passes vary greatly with the characteristics of the sewer and treatment system, the duration, intensity, frequency and areal extent of precipitation, the type and extent of development in the service area, and the characteristics, uses and water quality standards of the receiving waters. Decisions on grants for control of combined sewer overflows, therefore, must be made on a case-by-case basis after detailed planning at the local level. Where detailed planning has been completed, treatment or control of pollution from wet-weather overflows and bypasses may be given priority for construction grant funds only after provision has been made for secondary treatment of dry-weather flows in the area. The detailed planning requirements and criteria for project approval follow. B. Planning Requirements Construction grants may be approved for control of pollution from combined sewer overflows only if planning for the project was thoroughly analyzed for the 20 year planning period: 1. Alternative control techniques which might be utilized to attain various levels of pollution control (related to alternative beneficial uses, if appropriate), including at least initial consideration of all the alternatives described in the section on combined sewer and stormwater control in ``Alternative Waste Management Techniques and Best Practicable Waste Treatment'' (Section C of Chapter III of the information proposed for comment in March 1974). 2. The costs of achieving the various levels of pollution control by each of the techniques appearing to be the most feasible and cost- effective after the preliminary analysis. 3. The benefits to the receiving waters of a range of levels of pollution control during wet-weather conditions. This analysis will normally be conducted as part of State water quality management planning, 208 areawide management planning, or other State, regional or local planning effort. 4. The costs and benefits of addition of advanced waste treatment processes to dry-weather flows in the area. C. Criteria for Project Approval The final alternative selected shall meet the following criteria: 1. The analysis required above has demonstrated that the level of pollution control provided will be necessary to protect a beneficial use of the receiving water even after technology based standards required by Section 301 of Pub. L. 92-500 are achieved by industrial point sources and at least secondary treatment is achieved for dry-weather municipal flows in the area. [[Page 51]] 2. Provision has already been made for funding of secondary treatment of dry-weather flows in the area. 3. The pollution control technique proposed for combined sewer overflow is a more cost-effective means of protecting the beneficial use of the receiving waters than other combined sewer pollution control techniques and the addition of treatment higher than secondary treatment for dry-weather municipal flows in the area. 4. The marginal costs are not substantial compared to marginal benefits. Marginal costs and benefits for each alternative may be displayed graphically to assist with determining a project's acceptability under this criterion. Dollar costs should be compared with quantified pollution reduction and water quality improvements. A descriptive narrative should also be included analyzing monetary, social and environmental costs compared to benefits, particularly the significance of the beneficial uses to be protected by the project. II. Stormwater Discharges Approaches for reducing pollution from separate stormwater discharges are now in the early stages of development and evaluation. We anticipate, however, that in many cases the benefits obtained by construction of treatment works for this purpose will be small compared with the costs, and other techniques of control and prevention will be more cost-effective. The policy of the Agency is, therefore, that construction grants shall not be used for construction of treatment works to control pollution from separate discharges of stormwater except under unusual conditions where the project clearly has been demonstrated to meet the planning requirements and criteria described above for combined sewer overflows. III. Multi-purpose Projects Projects with multiple purposes, such as flood control and recreation in addition to pollution control, may be eligible for an amount not to exceed the cost of the most cost-effective single purpose pollution abatement system. Normally the Separable Costs-Remaining Benefits (SCRB) method should be used to allocate costs between pollution control and other purposes, although in unusual cases another method may be appropriate. For such cost allocation, the cost of the least cost pollution abatement alternative may be used as a substitute measure of the benefits for that purpose. The method is described in ``Proposed Practices for Economic Analysis of River Basin Projects,'' GPO, Washington, D.C., 1958, and ``Efficiency in Government through Systems Analysis,'' by Roland N. McKean, John Wiley & Sons, Inc., 1958. Enlargement of or otherwise adding to combined sewer conveyance systems is one means of reducing or eliminating flooding caused by wet- weather conditions. These additions may be designed so as to produce some benefits in terms of reduced discharge of pollutants to surrounding waterways. The pollution control benefits of such flood control measures, however, are likely to be small compared with the costs, and the measures therefore would normally be ineligible for funding under the construction grants program. All multi-purpose projects where less than 100% of the costs are eligible for construction grants under this policy shall contain a special grant condition precluding EPA funding of non-pollution control elements. This condition should, as a minimum, contain a provision similar to the following: ``The grantee explicitly acknowledges and agrees that costs are allowable only to the extent they are incurred for the water pollution control elements of this project.'' Additional special conditions should be included as appropriate to assure that the grantee clearly understands which elements of the project are eligible for construction grants under Pub. L. 92-500. Appendixes B-C to Part 403 [Reserved] Appendix D to Part 403--Selected Industrial Subcategories Considered Dilute for Purposes of the Combined Wastestream Formula The following industrial subcategories are considered to have dilute wastestreams for purposes of the combined wastestream formula. They either were or could have been excluded from categorical pretreatment standards pursuant to paragraph 8 of the Natural Resources Defense Council, Inc., et al. v. Costle Consent Decree for one or more of the following four reasons: (1) The pollutants of concern are not detectable in the effluent from the industrial user (paragraph 8(a)(iii)); (2) the pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects (paragraph 8(a)(iii)); (3) the pollutants of concern are present in amounts too small to be effectively reduced by technologies known to the Administrator (paragraph 8(a)(iii)); or (4) the wastestream contains only pollutants which are compatible with the POTW (paragraph 8(b)(i)). In some instances, different rationales were given for exclusion under paragraph 8. However, EPA has reviewed these subcategories and has determined that exclusion could have occurred due to one of the four reasons listed above. This list is complete as of October 9, 1986. It will be updated periodically for the convenience of the reader. [[Page 52]] Auto and Other Laundries (40 CFR part 444) Carpet and Upholstery Cleaning Coin-Operated Laundries and Dry Cleaning Diaper Services Dry Cleaning Plants except Rug Cleaning Industrial Laundries Laundry and Garment Services, Not Elsewhere Classified Linen Supply Power Laundries, Family and Commercial Electrical and Electronic Components \1\ (40 CFR part 469) --------------------------------------------------------------------------- \1\ The Paragraph 8 exemption for the manufacture of products in the Electrical and Electronic Components Category is for operations not covered by Electroplating/Metal Finishing pretreatment regulations (40 CFR parts 413/433). --------------------------------------------------------------------------- Capacitors (Fluid Fill) Carbon and Graphite Products Dry Transformers Ferrite Electronic Devices Fixed Capacitors Fluorescent Lamps Fuel Cells Incandescent Lamps Magnetic Coatings Mica Paper Dielectric Motors, Generators, Alternators Receiving and Transmitting Tubes Resistance Heaters Resistors Swithchgear Transformer (Fluid Fill) Metal Molding and Casting (40 CFR part 464) Nickel Casting Tin Casting Titanium Casting Gum and Wood Chemicals (40 CFR part 454) Char and Charcoal Briquets Inorganic Chemicals Manufacturing (40 CFR part 415) Ammonium Chloride Ammonium Hydroxide Barium Carbonate Calcium Carbonate Carbon Dioxide Carbon Monoxide and Byproduct Hydrogen Hydrochloric Acid Hydrogen Peroxide (Organic Process) Nitric Acid Oxygen and Nitrogen Potassium Iodide Sodium Chloride (Brine Mining Process) Sodium Hydrosulfide Sodium Hydrosulfite Sodium Metal Sodium Silicate Sodium Thiosulfate Sulfur Dioxide Sulfuric Acid Leather (40 CFR part 425) Gloves Luggage Paving and Roofing (40 CFR part 443) Asphalt Concrete Asphalt Emulsion Linoleum Printed Asphalt Felt Roofing Pulp, Paper, and Paperboard, and Builders' Paper and Board Mills (40 CFR parts 430 and 431) Groundwood-Chemi-Mechanical Rubber Manufacturing (40 CFR part 428) Tire and Inner Tube Plants Emulsion Crumb Rubber Solution Crumb Rubber Latex Rubber Small-sized General Molded, Extruded and Fabricated Rubber Plants,\2\ --------------------------------------------------------------------------- \2\ Footnote: Except for production attributed to lead-sheathed hose manufacturing operations. --------------------------------------------------------------------------- Medium-sided General Molded, Extruded and Fabricated Rubber Plants \2\ Large-sized General Molded, Extruded and Fabricated Rubber Plants \2\ Wet Digestion Reclaimed Rubber Pan, Dry Digestion, and Mechanical Reclaimed Rubber Latex Dipped, Latex-Extruded, and Latex-Molded Rubber \3\ --------------------------------------------------------------------------- \3\ Footnote: Except for production attributed to chromic acid form- cleaning operations. --------------------------------------------------------------------------- Latex Foam \4\ --------------------------------------------------------------------------- \4\ Footnote: Except for production that generates zinc as a pollutant in discharge. --------------------------------------------------------------------------- Soap and Detergent Manufacturing (40 CFR part 417) Soap Manufacture by Batch Kettle Fatty Acid Manufacture by Fat Splitting Soap Manufacture by Fatty Acid Neutralization Glycerine Concentration Glycerine Distillation Manufacture of Soap Flakes and Powders Manufacture of Bar Soaps Manufacture of Liquid Soaps Manufacture of Spray Dried Detergents Manufacture of Liquid Detergents Manufacture of Dry Blended Detergents Manufacture of Drum Dried Detergents Manufacture of Detergent Bars and Cakes Textile Mills (40 CFR part 410) Apparel manufacturing Cordage and Twine Padding and Upholstery Filling Timber Products Processing (40 CFR part 429) Barking Process Finishing Processes Hardboard--Dry Process [51 FR 36372, Oct. 9, 1986] [[Page 53]] Appendix E to Part 403--Sampling Procedures I. Composite Method A. It is recommended that influent and effluent operational data be obtained through 24-hour flow proportional composite samples. Sampling may be done manually or automatically, and discretely or continuously. If discrete sampling is employed, at least 12 aliquots should be composited. Discrete sampling may be flow proportioned either by varying the time interval between each aliquot or the volume of each aliquot. All composites should be flow proportional to either the stream flow at the time of collection of the influent aliquot or to the total influent flow since the previous influent aliquot. Volatile pollutant aliquots must be combined in the laboratory immediately before analysis. B. Effluent sample collection need not be delayed to compensate for hydraulic detention unless the POTW elects to include detention time compensation or unless the Approval Authority requires detention time compensation. The Approval Authority may require that each effluent sample is taken approximately one detention time later than the corresponding influent sample when failure to do so would result in an unrepresentative portrayal of actual POTW operation. The detention period should be based on a 24-hour average daily flow value. The average daily flow should in turn be based on the average of the daily flows during the same month of the previous year. II. Grab Method If composite sampling is not an appropriate technique, grab samples should be taken to obtain influent and effluent operational data. A grab sample is an individual sample collected over a period of time not exceeding 15 minutes. The collection of influent grab samples should precede the collection of effluent samples by approximately one detention period except that where the detention period is greater than 24 hours such staggering of the sample collection may not be necessary or appropriate. The detention period should be based on a 24-hour average daily flow value. The average daily flow should in turn be based upon the average of the daily flows during the same month of the previous year. Grab sampling should be employed where the pollutants being evaluated are those, such as cyanide and phenol, which may not be held for an extended period because of biological, chemical or physical interaction which take place after sample collection and affect the results. [49 FR 31225, Aug. 3, 1984] Appendix F to Part 403 [Reserved] Appendix G to Part 403--Pollutants Eligible for a Removal Credit I. Regulated Pollutants in Part 503 Eligible for a Removal Credit ------------------------------------------------------------------------ Use or disposal practice Pollutants ----------------------------------------- LA SD I ------------------------------------------------------------------------ Arsenic....................... X X X Beryllium..................... ............ ............ X Cadmium....................... X ............ X Chromium...................... ............ X X Copper........................ X Lead.......................... X ............ X Mercury....................... X ............ X Molybdenum.................... X Nickel........................ X X X Selenium...................... X Zinc.......................... X ............ ............ Total hydrocarbons............ ............ ............ X \1\ ------------------------------------------------------------------------ Key: LA--land application. SD--surface disposal site without a liner and leachate collection system. I--firing of sewage sludge in a sewage sludge incinerator. \1\ The following organic pollutants are eligible for a removal credit if the requirements for total hydrocarbons in subpart E in 40 CFR Part 503 are met when sewage sludge is fired in a sewage sludge incinerator: Acrylonitrile, Aldrin/Dieldrin(total), Benzene, Benzidine, Benzo(a)pyrene, Bis(2-chloroethyl)ether, Bis(2- ethylhexyl)phthalate, Bromodichloromethane, Bromoethane, Bromoform, Carbon tetrachloride, Chlordane, Chloroform, Chloromethane, DDD,DDE,DDT, Dibromochloromethane, Dibutyl phthalate, 1,2- dichloroethane, 1,1-dichloroethylene, 2,4-dichlorophenol, 1,3- dichloropropene, Diethyl phthalate, 2,4-dinitrophenol, 1,2- diphenylhydrazine, Di-n-butyl phthalate, Endosulfan, Endrin, Ethylbenzene, Heptachlor, Heptachlor epoxide, Hexachlorobutadiene, Alpha-hexachlorocyclohexane, Beta-hexachlorocyclohexane, Hexachlorocyclopentadiene, Hexachloroethane, Hydrogen cyanide, Isophorone, Lindane, Methylene chloride, Nitrobenzene, N- Nitrosodimethylamine, N-Nitrosodi-n-propylamine, Pentachlorophenol, Phenol, Polychlorinated biphenyls, 2,3,7,8-tetrachlorodibenzo-p- dioxin, 1,1,2,2,-tetrachloroethane, Tetrachloroethylene, Toluene, Toxaphene, Trichloroethylene, 1,2,4-Trichlorobenzene, 1,1,1- Trichloroethane, 1,1,2-Trichloroethane, and 2,4,6-Trichlorophenol. II. Additional Pollutants Eligible for a Removal Credit [Milligrams per kilogram--dry weight basis] ---------------------------------------------------------------------------------------------------------------- Use or disposal practice ------------------------------------------------------- Pollutant Surface disposal LA -------------------------------- I Unlined \1\ Lined \2\ ---------------------------------------------------------------------------------------------------------------- Arsenic................................................. ............ .............. \3\ 100 ........ Aldrin/Dieldrin (Total)................................. 2.7 .............. .............. ........ Benzene................................................. \3\ 16 140 3400 ........ Benzo(a)pyrene.......................................... 15 \3\ 100 \3\ 100 ........ [[Page 54]] Bis(2-ethylhexyl)phthalate.............................. ............ \3\ 100 \3\ 100 ........ Cadmium................................................. ............ \3\ 100 \3\ 100 ........ Chlordane............................................... 86 \3\ 100 \3\ 100 ........ Chromium (total)........................................ \3\ 100 .............. \3\ 100 ........ Copper.................................................. ............ \3\ 46 100 1400 DDD, DDE, DDT (Total)................................... 1.2 2000 2000 ........ 2,4 Dichlorophenoxy-acetic acid......................... ............ 7 7 ........ Fluoride................................................ 730 .............. .............. ........ Heptachlor.............................................. 7.4 .............. .............. ........ Hexachlorobenzene....................................... 29 .............. .............. ........ Hexachlorobutadiene..................................... 600 .............. .............. ........ Iron.................................................... \3\ 78 .............. .............. ........ Lead.................................................... ............ \3\ 100 \3\ 100 ........ Lindane................................................. 84 \3\ 28 \3\ 28 ........ Malathion............................................... ............ 0.63 0.63 ........ Mercury................................................. ............ \3\ 100 \3\ 100 ........ Molybdenum.............................................. ............ 40 40 ........ Nickel.................................................. ............ .............. \3\ 100 ........ N-Nitrosodimethylamine.................................. 2.1 0.088 0.088 ........ Pentachlorophenol....................................... 30 .............. .............. ........ Phenol.................................................. ............ 82 82 ........ Polychlorinated biphenyls............................... 4.6 <50 <50 ........ Selenium................................................ ............ 4.8 4.8 4.8 Toxaphene............................................... 10 \3\ 26 \3\ 26 ........ Trichloroethylene....................................... \3\ 10 9500 \3\ 10 ........ Zinc.................................................... ............ 4500 4500 4500 ---------------------------------------------------------------------------------------------------------------- \1\ Active sewage sludge unit without a liner and leachate collection system. \2\ Active sewage sludge unit with a liner and leachate collection system. \3\ Value expressed in grams per kilogram--dry weight basis. Key: LA--land application. I--incineration. [60 FR 54768, Oct. 25, 1995, as amended at 65 FR 42567, Aug. 4, 1999]