[Federal Register Volume 61, Number 216 (Wednesday, November 6, 1996)]
[Rules and Regulations]
[Pages 57518-57566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25771]



[[Page 57517]]


_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 455



Pesticide Chemicals Category, Formulating, Packaging and Repackaging 
Effluent Limitations Guidelines, Pretreatment Standards, and New Source 
Performance Standards; Final Rule

  Federal Register / Vol. 61, No. 216 / Wednesday, November 6, 1996 / 
Rules and Regulations  

[[Page 57518]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 455

[FRL-5630-9]
RIN 2040-AC21


Pesticide Chemicals Category, Formulating, Packaging and 
Repackaging Effluent Limitations Guidelines, Pretreatment Standards, 
and New Source Performance Standards

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: This final regulation limits the discharge of pollutants into 
navigable waters of the United States and into publicly owned treatment 
works (POTWs) by existing and new facilities that formulate, package 
and repackage pesticide products. This regulation covers two 
subcategories of the Pesticide Chemicals Point Source Category--
Subcategory C: Pesticide Formulating, Packaging and Repackaging (PFPR) 
which includes PFPR facilities that also manufacture pesticide active 
ingredients (PFPR/Manufacturers) and Subcategory E: Agricultural 
Refilling Establishments. EPA estimates that there are approximately 
2,600 facilities in the industry. This regulation establishes effluent 
limitations guidelines and standards under the Clean Water Act 
including ``best conventional pollutant control technology (BCT), and 
``best available technology economically achievable (BAT)'' for 
existing direct dischargers, ``new source performance standards 
(NSPS)'' for new direct dischargers and ``pretreatment standards for 
existing and new indirect dischargers (PSES and PSNS)''. This 
regulation also amends and clarifies the limitations based on ``best 
practicable control technology (BPT)'' for direct discharging 
facilities.
    Under the final rule refilling establishments (Subcategory E) will 
be required to achieve zero discharge of wastewater pollutants. The 
final regulation provides Subcategory C facilities (herein referred to 
as ``PFPR facilities'') a choice between zero discharge and the 
``Pollution Prevention Alternative.'' This compliance alternative was 
developed in response to comments on the proposed rule from the 
industry and has received a large amount of industry support in 
comments on the supplemental notice. This structure provides a 
compliance option to facilities who agree to implement certain 
pollution prevention, recycle and reuse practices. Facilities choosing 
and implementing the pollution prevention alternative will receive a 
discharge allowance.
    The final rule will benefit the environment by removing toxic 
pollutants (pesticide active ingredients and priority pollutants) from 
water discharges that have adverse effects on human health and aquatic 
life. EPA has estimated the compliance costs and economic impacts 
expected to result from the Zero Discharge/Pollution Prevention 
Alternative (i.e., Zero/P2 Alternative). The Agency has determined that 
the Zero/P2 Alternative will result in a similar removal of toxic pound 
equivalents per year (approximately 7.6 million toxic pound 
equivalents) as the zero discharge option alone. At the same time, the 
Zero/P2 Alternative is expected to result in a reduced annualized cost 
($29.9 million in 1995), no facility closures and 150 moderate impacts. 
EPA has determined that both Zero Discharge and the Zero/P2 Alternative 
are economically achievable. However, EPA's addition of the pollution 
prevention alternative to achieving zero discharge provides benefits to 
the environment by minimizing the potential cross-media impacts that 
would otherwise occur from hauling and incinerating the non-reusable 
portion of PFPR wastewaters. The provision of an alternative compliance 
method also provides flexibility to industry in meeting the effluent 
limitations guidelines and standards.

DATES: This regulation shall become effective January 6, 1997. The 
information collection requirements contained in this rule are included 
in two separate Information Collection Request (ICR) documents. The 
NPDES/Compliance Assessment/Certification ICR (No. 1427.05) and the 
National Pretreatment Program (40 CFR part 403) ICR (No. 0002.08). OMB 
has not yet approved these ICRs; therefore, the information collection 
requirements contained in this rule are not effective until OMB has 
approved them. Once OMB has approved the ICRs, EPA will publish another 
notice in the Federal Register to announce OMB's approval and to amend 
40 CFR Part 9 to indicate the OMB approval number. The compliance date 
for Secs. 455.46 and 455.66 (PSES) is as soon as possible, but no later 
than November 6, 1999. The compliance dates for Secs. 455.45 and 455.65 
(NSPS) and Secs. 455.47 and 455.67 (PSNS) are the dates the new sources 
commence discharging. Deadlines or compliance with Secs. 455.42 and 
455.62 (BPT), Secs. 455.43 and 455.63 (BCT), and Secs. 455.44 and 
455.64 (BAT) are established in the National Pollutant Discharge 
Elimination System (NPDES) permits.

ADDRESSES: For additional technical information write to Ms. Shari H. 
Zuskin, Engineering & Analysis Division (4303), U.S. EPA, 401 M Street 
SW, Washington, D.C. 20460 or send e-mail to: 
[email protected] or call at (202) 260-7130. For additional 
economic information contact Dr. Lynne Tudor at the address above or by 
calling (202) 260-5834.
    The complete record (excluding confidential business information) 
for this rulemaking is available for review at EPA's Water Docket; 401 
M Street, SW, Washington, DC 20460. For access to Docket materials, 
call (202) 260-3027 between 9 a.m. and 3:30 p.m. for an appointment. 
The EPA public information regulation (40 CFR part 2) provides that a 
reasonable fee may be charged for copying.
    The Technical Development Document [EPA-821-R-96-019], Economic 
Analysis [EPA-821-R-96-017] and Cost-Effectiveness Analysis [EPA-821-R-
96-018] supporting today's final rule may be obtained by writing to the 
EPA Office of Water Resource Center (RC-4100), 401 M Street SW., 
Washington, DC 20460, or calling (202) 260-7786.

FOR FURTHER INFORMATION CONTACT: For additional technical information 
write or call Ms. Zuskin at (202) 260-7130. For additional information 
on the economic impact analyses contact Dr. Lynne G. Tudor at the above 
address or by calling (202) 260-5834.
    EPA is preparing a PFPR Pollution Prevention Alternative Guidance 
Manual and a series of regional workshops to aid industry, permit 
writers and control authorities in implementing the final rule. A 
public announcement will be published in Federal Register regarding 
availability of the guidance manual and the dates and locations of the 
regional workshops.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    Entities potentially regulated by this action are: (1) Those which 
generate process wastewater from the formulation, packaging and/or 
repackaging of pesticide products (excluding those pesticide active 
ingredients not covered by the rule); or (2) those which are 
agricultural refilling establishments. Regulated categories and 
entities include:

[[Page 57519]]



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              Category                  Examples of regulated entities  
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Industry............................   Pesticide formulating,   
                                       packaging and repackaging (PFPR) 
                                       facilities;                      
                                       PFPR facilities that also
                                       manufacture pesticide active     
                                       ingredients;                     
                                       Agricultural refilling   
                                       establishments.                  
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    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. 455.40 and Sec. 455.60 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.

Preamble Outline

I. Legal Authority
II. Background
    A. Clean Water Act
    B. Pollution Prevention Act
    C. Updated Industry Overview
    D. Final Rule
    E. The Proposed Rule
    F. The Supplemental Notice
III. Summary of Most Significant Changes from Proposal
    A. Scope
    1. Pesticide Active Ingredients (PAIs)
    a. Sanitizer Active Ingredients and Pool Chemicals
    b. Other Pesticide Active Ingredients
    c. Liquid Chemical Sterilants
    2. Wastewater Sources
    B. Zero Discharge/Pollution Prevention Alternative Option
    1. Cross Media Impacts and Incineration Issues
    2. Cross-Contamination Policy
    3. Request for De Minimis Discharge
    4. Pollution Prevention Alternative
    C. Applicability to On-Site and Stand-alone Research & 
Development (R&D) Laboratories
    D. Clarification of Issues Concerning PFPR/Manufacturers
    1. Stabilizing versus Formulating
    2. On-site Incineration as Zero Discharge
    3. Amending and Clarifying of BPT
    E. Clarification of Refilling Establishments
    F. RCRA Issues
IV. The Final Regulation
    A. Pretreatment Standards for Existing Sources (PSES)
    1. Pesticide Formulating, Packaging and Repackaging (Subcategory 
C)
    2. Refilling Establishments (Subcategory E)
    B. Best Practicable Control Technology Currently Available (BPT)
    1. Pesticide Formulating, Packaging and Repackaging (Subcategory 
C)
    2. Refilling Establishments (Subcategory E)
    C. Best Available Technology Economically Achievable (BAT)
    1. Pesticide Formulating, Packaging and Repackaging (Subcategory 
C)
    2. Refilling Establishments (Subcategory E)
    D. New Source Performance Standards (NSPS)
    1. Pesticide Formulating, Packaging and Repackaging (Subcategory 
C)
    2. Refilling Establishments (Subcategory E)
    E. Pretreatment Standards for New Sources (PSNS)
    1. Pesticide Formulating, Packaging and Repackaging (Subcategory 
C)
    2. Refilling Establishments (Subcategory E)
    F. Best Conventional Pollutant Control Technology (BCT)
    1. Pesticide Formulating, Packaging and Repackaging (Subcategory 
C)
    2. Refilling Establishments (Subcategory E)
V. Economic Considerations
    A. Introduction
    B. Review of the Proposed Regulation
    1. Subcategory C: PFPR and PFPR/Manufacturers
    2. Subcategory E: Refilling Establishments
    C. Changes to the EIA Since Proposal: Issuance of the June 1995 
Supplemental Notice
    D. Assessment of Costs and Impacts for the Final PFPR 
Regulations
     1. Summary of Economic Impact Analysis Methodology and Data
    2. Estimated Facility Economic Impacts
    a. Subcategory C: PFPR and PFPR/Manufacturers
    b. Subcategory E: Refilling Establishments
    4. Regulatory Effects Not Re-Estimated
    5. Impacts of Pretreatment Standards for New Sources (PSNS) and 
New Source Performance Standards (NSPS)
    a. Subcategory C: PFPR and PFPR/Manufacturers
    (1) PSNS
    (2) NSPS
    b. Subcategory E: Refilling Establishments
    6. Cost-Effectiveness Analysis
    a. Subcategory C: PFPR and PFPR/Manufacturers
    b. Subcategory E: Refilling Establishments
    E. Regulatory Flexibility Act
    1. Analysis of Impacts on Small Business Entities
    2. Analysis of Impacts on Other Small Entities
VI. Unfunded Mandates Reform Act
VII. Executive Order 12866
VIII. Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA)
IX. Paperwork Reduction Act
X. Water Quality Analysis
XI. Non-Water Quality Environmental Impacts
    A. Air Pollution
    B. Solid Waste
    C. Energy Requirements
XII. Regulatory Implementation
    A. Implementation of the Limitations and Standards
    1. Pesticide Formulating, Packaging and Repackaging (Subcategory 
C)
    2. Refilling Establishments (Subcategory E)
    B. Upset and Bypass Provisions
    C. Variances and Modifications
    1. Fundamentally Different Factors Variances
    2. Removal Credits
    D. Analytical Methods
Appendix A--List of Abbreviations, Acronyms and Other Terms Used In 
This Document

I. Legal Authority

    This final regulation establishes effluent guidelines and standards 
of performance for the Pesticide Formulating, Packaging and Repackaging 
Subcategories of the Pesticide Chemicals Point Source Category under 
the authorities of sections 301, 304, 306, 307, and 501 of the Clean 
Water Act (``the Act''), 33 U.S.C. 1311, 1314, 1316, 1317, and 1361.
    In accordance with 40 CFR part 23, this regulation shall be 
considered promulgated for purposes of judicial review at 1 p.m. 
Eastern time on November 20, 1996. Under section 509(b)(1) of the Act, 
judicial review of this regulation can be had only by filing a petition 
for review in the United States Court of Appeals within 120 days after 
the regulation is considered promulgated for purposes of judicial 
review. Under section 509 (b)(2) of the Act, the requirements in this 
regulation may not be challenged later in civil or criminal proceedings 
brought by EPA to enforce these requirements.

II. Background

A. Clean Water Act

    The Federal Water Pollution Control Act Amendments of 1972 
established a comprehensive program to ``restore and maintain the 
chemical, physical, and biological integrity of the Nation's waters,'' 
(section 101(a)). To implement the Act, EPA is to issue effluent 
limitations guidelines, pretreatment standards and new source 
performance standards for industrial dischargers. These guidelines and 
standards are summarized in the proposed regulation at 59 FR 17850, 
17851-52 (April 14, 1994).
    Section 304(m) of the Clean Water Act (33 U.S.C. 1314(m)), added by 
the Water Quality Act of 1987, requires EPA to establish schedules for 
(1) reviewing and revising existing effluent limitations guidelines and 
standards (``effluent guidelines''), and (2) promulgating new effluent 
guidelines. On January 2, 1990, EPA published an Effluent Guidelines 
Plan (55 FR 80), in which schedules were established for developing new 
and revised effluent guidelines for several industry categories. One of 
the industries for which the Agency established a schedule was the 
Pesticide Chemicals Point Source Category.
    Natural Resources Defense Council, Inc. (NRDC) and Public Citizen, 
Inc.,

[[Page 57520]]

challenged the Effluent Guidelines Plan in a suit filed in U.S. 
District Court for the District of Columbia (NRDC et al v. Reilly, Civ. 
No. 89-2980). The plaintiffs charged that EPA's plan did not meet the 
requirements of sec. 304(m). A Consent Decree in this litigation was 
entered by the Court on January 31, 1992. The terms of the Consent 
Decree are reflected in the Effluent Guidelines Plan published on 
September 8, 1992 (57 FR 41000). This plan states, among other things, 
that EPA will propose and take final action on effluent guidelines for 
the formulating, packaging and repackaging subcategories of the 
pesticide chemicals category by dates certain.

B. The Pollution Prevention Act

    The Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13101 et 
seq., Pub. L. 101-508, November 5, 1990) ``declares it to be the 
national policy of the United States that pollution should be prevented 
or reduced whenever feasible; pollution that cannot be prevented should 
be recycled in an environmentally safe manner, whenever feasible; 
pollution that cannot be prevented or recycled should be treated in an 
environmentally safe manner whenever feasible; and disposal or release 
into the environment should be employed only as a last resort* * * '' 
(Sec. 6602; 42 U.S.C. 13101(b). In short, preventing pollution before 
it is created is preferable to trying to manage, treat or dispose of it 
after it is created. This effluent guideline was reviewed for its 
incorporation of pollution prevention as part of this Agency effort.
    According to the PPA, source reduction reduces the generation and 
release of hazardous substances, pollutants, wastes, contaminants or 
residuals at the source, usually within a process. The term source 
reduction ``include[s] equipment or technology modifications, process 
or procedure modifications, reformulation or redesign of products, 
substitution of raw materials, and improvements in housekeeping, 
maintenance, training, or inventory control.'' The term ``source 
reduction'' does not include any practice which alters the physical, 
chemical, or biological characteristics or the volume of a hazardous 
substance, pollutant, or contaminant through a process or activity 
which itself is not integral to or necessary for the production of a 
product or the providing of a service.'' 42 U.S.C. 13102(5). In effect, 
source reduction means reducing the amount of a pollutant that enters a 
waste stream or that is otherwise released into the environment prior 
to out-of-process recycling, treatment, or disposal.
    The PPA directs the Agency to, among other things, ``review 
regulations of the Agency prior and subsequent to their proposal to 
determine their effect on source reduction'' (Sec. 6604; 42 U.S.C. 
13103(b)(2). This directive led the Agency to implement a pilot project 
called the Source Reduction Review Project that would facilitate the 
integration of source reduction in the Agency's regulations, including 
the technology-based effluent guidelines and standards.

C. Updated Industry Overview

    The pesticide formulating, packaging and repackaging industry is 
made up of two distinct types of activities. These activities result in 
subcategorization for purposes of this rulemaking. The two 
subcategories are referred to as:
     Subcategory C: Pesticides formulating, packaging and 
repackaging (PFPR) including pesticides formulating, packaging and 
repackaging occurring at pesticides manufacturing facilities (PFPR/
Manufacturer) and at stand-alone PFPR facilities; and
     Subcategory E: Repackaging of agricultural chemicals at 
refilling establishments (Refilling Establishments).
    The pesticide formulating, packaging and repackaging industry 
covered by this rulemaking is made up of an estimated 2,631 in-scope 
facilities. These facilities are located throughout the country, with 
greater concentrations of refilling establishments located in the 
Midwestern and southeastern states to serve the agricultural market.
    The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 
requires that any substance intended to prevent, destroy, repel or 
mitigate any pest must be registered with EPA and bear a label 
directing the safe use of the product. 7 U.S.C. 136a. In addition, 
production of all pesticide products must be reported annually to EPA. 
7 U.S.C. 136e. Thus, EPA has extensive data on the contents of 
pesticide products, their annual production, who formulates, packages 
or repackages these products and the uses for which these products are 
registered. EPA's Office of Water made extensive use of this data in 
its analysis of the pesticide formulating, packaging and repackaging 
industry.
    Based on 1988 FIFRA establishment registration data, EPA identified 
the pesticide formulating, packaging, and repackaging facilities in the 
United States that were using one or more of the active ingredients 
that were the focus of the Pesticide Manufacturing rulemaking. These 
pesticide active ingredients are referred to as the ``272 PAIs'' and 
were the focus of the survey questionnaire for the PFPR rule 1988 data 
collection.1 EPA sent out approximately 700 questionnaires using a 
stratified random sample of these facilities. Based on these survey 
results, EPA estimates that for all of the PAIs covered by the final 
rule (in-scope 272 and non-272 PAIs), that in 1988 there were 
approximately 1,497 facilities involved in formulating, packaging and 
repackaging pesticide products (of which 413 facilities processed non-
272 PAIs only) and approximately 1,134 refilling establishments.2
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    \1\  All remaining pesticide active ingredients are referred to 
in today's notice as the ``non-272 PAIs.'' In addition, not all non-
272 PAIs are in the scope of this rulemaking.
    \2\  EPA has not re-estimated the number of refilling 
establishments based on both 272 PAIs and non-272 PAIs because EPA 
believes that there would not be any refilling establishments that 
use only non-272 PAIs.
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    Included in the 1,497 PFPR facilities, there were 48 pesticide 
manufacturing facilities in the pesticide chemicals manufacturing 
rulemaking survey database (58 FR 50637, September 28, 1993) that also 
formulated and packaged pesticide products containing any of the 272 
PAIs which were the focus of that rulemaking. A detailed description of 
the development of this profile is contained in Section 3 of the 
Technical Development Document [EPA-821-R-96-019] for this final rule.
    Pesticide formulating is the mixing/diluting of one or more PAIs 
with active or inert ingredients, without a chemical reaction, to 
obtain a manufacturing use or end use product (see Sec. 455.10 of the 
final regulation for the definitions of formulating, packaging, 
repackaging and refilling establishment). Pesticide formulations take 
all forms: Water-based liquid; organic solvent-based liquid; dry 
products in granular, powder, solid forms; pressurized gases; and 
aerosols. The formulations can be in a concentrated form requiring 
dilution before application or can be ready to apply. The packaging of 
the formulated pesticide product is dependent on the type of 
formulation. Liquids generally are packaged into jugs, cans, or drums; 
dry formulations generally are packaged into bags, boxes, drums, or 
jugs. Pressurized gases are packaged into cylinders. Some formulations 
are packaged into aerosol cans.
    As described above, the formulating, packaging and repackaging 
industry produces products in different forms. EPA has observed 
formulating, packaging or repackaging performed a number of different 
ways ranging from very sophisticated and automated

[[Page 57521]]

formulation and packaging lines to completely manual lines. In general, 
for liquid products the process involves mixing the active ingredient 
with liquid inert ingredients in a tank and then transferring the 
product to containers. For dry products, the active ingredient may be 
sprayed in liquid form onto a dry substrate or it may be mixed in dry 
form. Dry products may undergo processes for mixing, grinding, sifting 
and finally packaging. The formulating process for aerosol products is 
the same as for liquid products, but the packaging is more complex and 
involves filling the container, capping it, drawing a vacuum on the 
container, adding propellant under pressure, and sealing the container.
    Some other types of pesticide products include collars to repel and 
kill fleas and ticks; pesticides that are micro-encapsulated; and 
pesticides that are formed into solid shapes.
    The pesticide industry is changing and efforts are being made to 
improve products to meet demands of consumers for less toxic and safer 
pesticides. For example, water-based solutions are gradually replacing 
organic solvents in liquid pesticide formulations. Developments in 
packaging also are underway. For example, the growing use of water 
soluble packages can reduce worker exposure to pesticides and minimize 
problems with disposal of packaging.
    The refilling establishments represent a newer population of 
facilities that was identified in the Agency's Survey of Pesticide 
Producing Establishments. EPA discovered a significant population of 
facilities that reported repackaging only. These facilities are retail 
and wholesale dealers of agricultural chemicals and farm supplies. 
These facilities repackage pesticides, usually herbicides, into 
refillable containers which are used to transport the pesticide to the 
site where it is applied.
    The use of refillable containers began to grow during the 1980's 
(and became widespread in the 1990's) to reduce the number of empty 
pesticide containers needing to be disposed of by farmers. In general, 
registrants distribute large undivided quantities of pesticides to 
dealerships (refilling establishments) where the products are stored in 
large bulk tanks. The dealer then repackages the pesticide from the 
bulk storage tanks to portable minibulk containers that generally have 
capacities of about 110 gallons. The increased use of refillable 
containers led to an increased amount of herbicide stored in bulk 
quantities and the need to have a secondary containment system built 
around the bulk storage tanks. Separate from this rulemaking, EPA has 
proposed a regulation under FIFRA that sets standards for such 
secondary containment structures (59 FR 6712; February 11, 1994). In 
addition, many states (22 have/are developing secondary containment 
regulations) now require secondary containment for bulk pesticide 
storage and dispensing operations.

D. Final Rule

    Today's final rule sets forth an innovative and flexible, yet 
environmentally protective, approach for the establishment of effluent 
limitations and pretreatment standards under the Act. For Subcategory 
C--facilities that formulate, package, or repackage pesticides--EPA is 
establishing effluent limitations and pretreatment standards which 
allow each facility to choose to meet a zero discharge limitation or 
comply with a pollution prevention alternative that authorizes 
discharge of PAI and priority pollutants after various pollution 
prevention practices are followed and treatment is conducted as needed 
(now characterized as the Zero/P2 Alternative option). This rule also 
establishes a zero discharge limitation and pretreatment standard for 
agricultural pesticide refilling establishments (Subcategory E).
    EPA had originally proposed a zero discharge limitation and 
pretreatment standard for PFPR facilities. 59 FR 17850 (April 14, 
1994). EPA received comment which argued that the proposed zero 
discharge limitation and pretreatment standard would result in adverse 
non-water quality environmental impacts and that the scope of the 
proposed rule should be refined in a variety of ways. Various members 
of the PFPR community commented that the Agency should adopt a final 
rule which would require facilities to engage in pollution prevention 
practices and thereafter discharge de minimis levels of PAI and 
priority pollutants in the process wastewaters. Upon receiving these 
comments, EPA published a Supplemental Notice which described the Zero/
P2 alternative option in addition to some potential changes in the 
scope of the rule. 60 FR 30217 (June 8, 1995).
    Today's rule adopts the Zero/P2 alternative option for PFPR 
facilities and changes the scope by reducing the number of PAIs and 
wastewater sources which are addressed. Under the Zero/P2 option each 
owner or operator of a PFPR facility in Subcategory C will make an 
initial choice of whether the facility will meet zero discharge or 
comply with the P2 Alternative. This choice can be made on a product 
family/process line/process unit basis rather than a facility wide 
basis. If the zero discharge option is chosen, the facility owner/
operator will need to do whatever is necessary, e.g., wastewater reuse 
or recycle, either with or without treatment, incineration on-site or 
haul the wastewater for incineration off-site or underground injection, 
so that zero discharge of PAIs and priority pollutants in the 
wastewater is achieved.
    If the P2 Alternative portion of the option is chosen for a 
particular PAI product family/process line/process unit, then the 
owner/operator of the facility must agree to comply with the P2 
practices identified in Table 8 to Part 455 of today's rule for that 
PFPR family/line/unit. This agreement to comply with the P2 practices 
and any necessary treatment would be contained in the NPDES permit for 
direct discharging PFPR facilities or in an individual control 
mechanism with the control authority, i.e., the POTW, for indirect 
discharging PFPR facilities (see 403.12(a) for the definition of 
control authority). In general, PFPR facilities choosing the P2 
Alternative need only to submit a small portion of the paperwork to a 
permitting or control authority (e.g., initial and periodic 
certification statements). The on-site compliance paperwork is 
described in Part XII.A.1 of today's notice.
    Today's rule changes the scope of the proposed rule in the 
following ways. First, the rule does not cover PAIs which are 
sanitizers, including pool chemicals. Also certain liquid chemical 
sterilants that are used on critical or semi-critical medical devices 
are not covered. Second, the rule does not apply to PAIs that are 
microorganisms, such as Bacillus thuringiensis (B.t.). Third, the rule 
does not apply to two groups of PAIs that are mixtures--Group 1 
Mixtures include substances which pose no risks and Group 2 Mixtures 
include substances whose treatment technology has not been identified. 
Fourth, the pretreatment standards portion of the rule does not apply 
to one PAI and three priority pollutants which EPA has determined will 
not pass through or interfere with POTWs. Today's rule also does not 
cover inorganic wastewater treatment chemicals. With regard to 
wastewater sources, EPA has decided not to cover storm water at PFPR 
facilities or at refilling establishments through this rule. In 
addition, there are a few other wastewater sources such employee 
showers, on-site laundries, fire equipment test water, eye washes and 
safety showers, certain Department of Transportation (DOT) aerosol leak 
test

[[Page 57522]]

bath water and laboratory water that are not considered process 
wastewater under the final rule.
    EPA believes that this rule is an important example of how the 
Agency is re-inventing environmental regulation. The Zero/P2 
alternative option being promulgated today is cheaper for the regulated 
community to comply with than the proposed zero discharge standard. The 
Zero/P2 alternative option is smarter than the proposed zero discharge 
standard because it incorporates flexibility in choosing which option 
is best for a particular product line. The Zero/P2 alternative option 
is cleaner than the proposed zero discharge standard because the P2 
Alternative reduces cross-media impacts to the environment while still 
achieving, virtually, the same level of pollutant removal from 
discharges of PFPR process wastewaters (see Section XI for a discussion 
on the non-water quality impacts associated with the final rule).

E. The Proposed Rule

    On April 14, 1994 (59 FR 17850), EPA proposed effluent limitations 
guidelines and standards for the control of wastewater pollutants from 
the Pesticide Formulating, Packaging and Repackaging (PFPR) Industry. 
The proposed rulemaking covered two subcategories. Subcategory C 
included stand-alone PFPR facilities as well as formulating, packaging 
and repackaging at pesticide manufacturing facilities (PFPR/
Manufacturers). Subcategory E, as proposed, included repackagers of 
agricultural pesticides at refilling establishments (``refilling 
establishments''). These proposed guidelines were not intended to apply 
to the production of pesticide products through an intended chemical 
reaction (i.e., pesticide manufacturing). (For definitions used in the 
final rule, see Sec. 455.10 of the final regulation of this notice.) 
Furthermore, as discussed in Section 1 of the proposal Technical 
Development Document [EPA-821-R-94-002], Subcategory E (refilling 
establishments) of these guidelines was not intended to apply to 
wastewaters generated by custom blending or custom application 
operations when performed independently or at refilling establishments. 
The proposed rulemaking would have established a zero discharge 
limitation for wastewater pollutants from the formulating, packaging 
and repackaging of almost all pesticide active ingredients for both 
subcategories covered by this regulation. Only a small number of PAIs 
were not completely covered by the proposed zero discharge, as a result 
of disproportionate economic impacts to small facilities.
    Due to these impacts, EPA proposed a partial exemption from these 
guidelines for the exterior wastewaters \3\ from small sanitizer 
facilities. Small sanitizer facilities were defined as those facilities 
which formulate, package or repackage 265,000 lbs/yr or less of all 
registered products containing one or more sanitizer active ingredients 
(listed in Table 8 of the proposed regulation) on sanitizer-only 
production lines. The production cutoff of 265,000 lbs/yr represents 
the production level (of these sanitizer products) at the largest 
facility that would experience economic impacts if there was no 
exemption for non-interior wastewater sources. (See Section III.A.1 of 
this notice for a description of revisions made to this exemption).
---------------------------------------------------------------------------

    \3\ At the time of proposal, exterior wastewaters included: 
Exterior equipment cleaning water, floor wash, leak and spill 
cleanup water, safety equipment cleaning water, DOT (Department of 
Transportation) aerosol test bath water, air pollution control 
scrubber water, laboratory rinsate and contaminated precipitation 
runoff.
---------------------------------------------------------------------------

    In addition to the partial exemption given to ``small sanitizers,'' 
EPA proposed to exempt sodium hypochlorite from coverage under the 
pretreatment standards for new and existing sources (PSES and PSNS). 
(See Section III.A.1 of this notice for a description of revisions made 
to this exemption). EPA also proposed to exempt wastewater generated by 
on-site employee showers and laundries and from the testing of fire 
protection equipment from the applicability of these effluent 
guidelines and standards. In general, these wastewater sources were 
excluded from the proposed regulation because of worker health and 
safety concerns. (See Section IX.A of the proposed rule or Section 5 of 
the Final Technical Development Document (TDD) [EPA-821-R-96-019] for a 
more detailed discussion of wastewater sources excluded from 
regulation).
    EPA based the proposed zero discharge limitation for Subcategory C 
on pollution prevention, recycle/reuse and, when necessary, treatment 
through the Universal Treatment System (UTS) for reuse. EPA visualized 
the UTS as a flexible system consisting of a variety of treatment 
technologies that have been determined to be effective for treating 
PFPR wastewaters. In calculating compliance costs, EPA included costs 
for various combinations of treatment technologies consisting of 
emulsion breaking, hydrolysis, chemical oxidation, metals precipitation 
and carbon adsorption. EPA also included costs for contract hauling 
treatment residuals (sludges) from the UTS for incineration. Because of 
the estimates of reduced wastewater volumes based on the increase in 
reuse/recycle practices, the overall volume of wastewaters being 
contract hauled off-site for incineration was not expected to increase. 
Thus, EPA did not include additional costs for contract hauling of PFPR 
wastewaters in the original proposal. Based on comments, revised costs 
for the proposed zero discharge option were estimated for the 
Supplemental Notice (60 FR 30217; June 8, 1995). (See the Final Cost 
and Loadings Report (September 1996) in the public record for a 
discussion on the changes to the costing methodology).
    EPA based the zero discharge limitation for Subcategory E on reuse 
of wastewater as makeup water for application to fields, in accordance 
with the product label.
    The subject of the comments on the proposed rule spanned a variety 
of topics, including changes to the scope of the regulation, EPA's 
pesticide cross-contamination policy and its effect on the industry's 
ability to meet zero discharge, increased cross-media impacts due to 
contract hauling of wastewater for incineration to meet zero discharge, 
perceived conflicts with the Resource Conservation and Recovery Act 
(RCRA) requirements, and requests for a discharge allowance when 
following specific pollution prevention practices. See Section III of 
today's notice for a summary of the changes that were made to the 
proposal in response to comment.

F. The Supplemental Notice

    In response to many of the comments on the proposed rule, EPA 
published a supplemental notice (60 FR 30217) in the Federal Register 
on June 8, 1995. EPA published the Supplemental Notice to obtain public 
comment on two major topics and several smaller issues. The first major 
topic for which EPA requested comments was related to the scope and 
applicability of the rulemaking. Commenters on the proposed rule had 
requested that EPA exempt certain pesticide active ingredients (PAIs) 
and certain wastewater sources from the scope of the final rule.
    EPA requested comment on expansion of the ``sanitizer exemption'' 
to exempt additional sanitizer active ingredients, remove the 
exemption's production limit, and to include both interior and exterior 
wastewater sources in the revised exemption. EPA also requested comment 
on the exclusion of some other chemicals including pool chemicals, 
microorganisms, mixtures

[[Page 57523]]

and pollutants that have been determined to not pass through a POTW. 
(See Section III.A.1 of today's notice for a discussion of these 
exemptions; also see Comment Response Document in the public record).
    In addition to the exclusion of certain pesticide active 
ingredients, EPA solicited comment on the partial or full exclusion of 
certain wastewater sources. These wastewater sources included aerosol 
leak test bath water, safety equipment cleaning water, laboratory 
equipment rinse water, and storm water.
    The second major topic for which EPA solicited comments was a 
regulatory option comprised of two alternatives between which industry 
could choose: (1) Achieving zero discharge or (2) incorporating 
specific pollution prevention practices and treatment technologies at 
the facility and allowing a discharge of very small quantities of 
pollutants. This combined regulatory approach is referred to as the 
Zero Discharge/Pollution Prevention Alternative (Zero/P2 Alternative).
    In particular, the supplemental notice requested comments on the 
structure of the Zero/P2 Alternative, the extent of best professional 
judgement (BPJ) allowed, the specific practices included, the 
modifications allowed and the details of regulatory implementation. 
Overall, the comments received on the Supplemental Notice were 
overwhelmingly supportive of the Zero/P2 Alternative. Furthermore, EPA 
has incorporated many of the suggestions offered in the comments into 
the Zero/P2 Alternative found in today's notice (see Section XII of 
today's notice for a discussion of regulatory implementation).
    The other issues for which EPA solicited comments in the 
supplemental notice included: the applicability of the rule to PFPR 
research and development facilities and stand alone direct discharging 
facilities, the concentrations found in second and third rinses of a 
triple rinse, and the expected burden to the permitting authorities.

III. Summary of Most Significant Changes from Proposal

    This section describes the most significant changes to the rule 
since proposal. Many of these changes have resulted from the comments 
that are discussed in more detail in the Comment Response Document 
which is contained in the record for this rulemaking. This section will 
summarize the changes in the rule concerning: The scope of the rule, 
the addition of the Zero/P2 Alternative, applicability of the rule to 
research and development facilities, clarification of issues for PFPR/
Manufacturers, modification of the existing BPT for direct dischargers, 
clarification of the definition and applicability for refilling 
establishments, and RCRA issues.
    The major comments received on the supplemental notice are 
described in detail in the Comment Response Document in the public 
record. Those comments included: Support for the pollution prevention 
alternative, requests for self-certification as the method of 
implementation for the final rule, comments on the specific practices 
listed in the P2 Alternative, and support for the use of Best 
Professional or Engineering Judgement (BPJ or BEJ) by the permitting or 
control authority, respectively.

A. Scope

    At the time of proposal, the scope of the rule would have included 
the formulating, packaging and repackaging of all pesticide active 
ingredients (with the exception of sodium hypochlorite and the partial 
exemption of small sanitizers) and a wide variety of associated 
wastewater sources. Since the proposal, EPA has refined the scope 
concerning pesticide active ingredients (PAIs) and wastewater sources 
in response to comments on both the proposed rule and the supplemental 
notice. The following discussion summarizes these revisions. See the 
Comment Response Document in the rulemaking record for a more detailed 
discussion on the changes.
1. Pesticide Active Ingredients (PAIs)
 a. Sanitizer Active Ingredients and Pool Chemicals
    Several changes have been made to the original ``sanitizer 
exemption,'' as proposed. In the proposed rule EPA placed small 
sanitizer facilities in their own subgroup within Subcategory C. 
However, for the final rule, most sanitizer products have been excluded 
from Subcategory C (see Sec. 455.10 of the final regulation of today's 
rule for the definition of sanitizer products). This exclusion is based 
on a number of factors. The partial exemption for small sanitizer 
facilities that was included in the proposal was largely based on 
disproportionate economic impacts. However, based on comments EPA has 
expanded the sanitizer exemption to include additional chemicals for 
the following reasons: (1) Sanitizer products are formulated for the 
purposes of their labeled end use to ``go down the drain;'' (2) 
sanitizer active ingredients are more likely to be sent to POTWs in 
greater concentrations and volumes from their labeled end use than from 
rinsing formulating equipment at the PFPR facility; (3) biodegradation 
data received with comments on some of these sanitizer active 
ingredients supports the hypothesis that they do not pass through 
POTWs; (4) these sanitizer active ingredients represent a large portion 
of the low toxicity PAIs considered for regulation at the time of 
proposal; and (5) many sanitizer solutions containing these active 
ingredients are cleared by the Food & Drug Administration (FDA) as 
indirect food additives under 21 CFR 178.1010.
    The exemption now covers both interior and exterior wastewater 
sources. In addition, the proposed list of 28 sanitizer active 
ingredients has been expanded to incorporate the pool chemicals 
exemption as well as to include home use, institutional and most 
commercial antimicrobial active ingredients, with the exception of 
liquid chemical sterilants (including sporicidals), industrial 
preservatives and water treatment micro biocides other than pool 
chemicals (as defined in Sec. 455.10 of today's regulation). Certain 
liquid chemical sterilant products are exempt from today's rule, as 
discussed in Section III.A.1.c. Furthermore, based on comments, EPA has 
eliminated the use of a list to define the exempted sanitizer active 
ingredients and is employing a written definition (see Sec. 455.10 of 
the final regulation for the definition used in today's final rule).
    As mentioned above, EPA has combined the pool chemicals exemption 
into the sanitizer exemption. This was based on comments on the 
Supplemental Notice and information gathered in post-proposal site 
visits (60 FR 30219). EPA believes that a large portion of the pool 
chemicals that were being reviewed for exemption can and should also be 
classified as sanitizer active ingredients. In order to avoid possible 
confusion, EPA has decided to combine these two groups and has 
incorporated pool chemicals into the definition for sanitizer active 
ingredients. In addition to this change, the pool chemicals exemption 
has undergone another refinement. Under the proposed rule, the only 
pool chemical that was exempt was sodium hypochlorite. Under the final 
rule, EPA has added several other chemicals to the exemption. These 
chemicals include calcium hypochlorite, lithium hypochlorite, potassium 
hypochlorite, chlorinated isocyanurate compounds and halogenated 
hydantoins. As with the sanitizer chemicals, these chemicals are not 
exempted via a list, but are instead exempted by definition. See 
Sec. 455.10 of the final regulation.

[[Page 57524]]

b. Other Pesticide Active Ingredients
    EPA has excluded several other groups of active ingredients from 
the final regulation. As discussed in the Supplemental Notice and in 
the Comment Response Document, microorganisms that are considered PAIs 
under FIFRA will not be covered by this regulation and will be excluded 
by definition. Based on the available information on the formulation, 
packaging and repackaging of such microorganisms and the generation and 
characteristics of wastewaters from such operations, EPA believes these 
pesticides are not formulated in a similar fashion as other PAIs 
covered by this rule. Microorganisms which have registered pesticidal 
uses are generally created through a fermentation process, similar to 
those found in some food processing or pharmaceutical plants. 
Fermentation is a biological process, whereas other pesticides are 
manufactured and formulated through chemical and physical processes.
    In addition, almost all the microorganisms registered as pesticide 
products are exempt from the requirement of obtaining a (residue) 
tolerance for pesticides in or on raw agricultural commodities (40 CFR 
180.1001). Under Part 180 Subpart D--Exemptions From Tolerance--it 
states that ``an exemption from a tolerance shall be granted when it 
appears that the total quantity of the pesticide chemical in or on all 
raw agricultural commodities for which it is useful under conditions of 
use currently prevailing or proposed will involve no hazard to the 
public health.''
    EPA has also excluded a group of chemicals, referred to in today's 
notice as ``Group 1 mixtures.'' This group includes many herbs and 
spices (e.g., rosemary, thyme, peppermint, cloves...), foods/food 
constituents, plants/plant extracts (excluding pyrethrins) and many 
chemicals that are considered to be GRAS (generally recognized as safe) 
by the Food and Drug Administration as well as those products exempt 
from FIFRA under 40 CFR 152.25 (61 FR 8876; March 6, 1996)(see Sec.  
455.10 of the final regulation of today's notice for the definition of 
Group 1 mixtures).
    There is a second group of mixtures, ``Group 2 mixtures,'' that are 
being excluded from the regulation. EPA has not been able to transfer 
treatability data for many of these mixtures because the 
characteristics that EPA uses for technology transfer are not easily 
identified (e.g., molecular weights, solubilities and aromaticity). For 
example, within a given structural group, PAIs that are aromatic, have 
high molecular weights or low solubility in water have been found to be 
amenable to activated carbon adsorption. However, when such 
characteristics cannot be identified, EPA cannot transfer treatability 
data for carbon adsorption.
    EPA previously considered reserving this group of chemicals for 
regulation at a later time; however, after further research EPA has 
decided to exclude these chemicals from the scope of the final rule. 
One reason, as mentioned above, is that the treatability data is 
insufficient and to obtain treatment performance data on these mixtures 
would be very difficult due to the inability to transfer data. Also, 
most of these chemicals in pesticide products are used as inert 
ingredients rather than active ingredients and the total volume of 
these mixtures in use in pesticide products is very small (i.e., Group 
2 Mixture PAIs only represent approximately eight percent of all of 
pesticide products). EPA was not able to develop a definition to cover 
all the chemicals in this group due to the lack of homogeneity between 
the chemicals. Therefore, Group 2 mixtures will be excluded from the 
scope of the final rule by list as opposed to definition (see Table 9 
to Part 455 of the final regulation).
    There are two other groups of chemicals that are being excluded 
from the final rule: Inorganic wastewater treatment chemicals and 
chemicals that do not pass through POTWS. Based on comments and data 
collected for the Treatability Database Report and its Addendum (see 
the public record for the rulemaking), EPA has decided to exclude, from 
the scope of the final regulation, inorganic chemicals that are 
commonly used as wastewater treatment chemicals (e.g., ferric sulfate, 
potassium permanganate, sulfuric acid, carbon, chlorine, etc...). See 
Comment Response Document for a discussion on the rationale behind this 
exclusion. Many of these chemicals are also excluded under the 
sanitizer/pool chemicals exemption. Again, the use of a definition will 
be employed to exclude these chemicals. (See Sec. 455.10 of today's 
final rule for the definition). The four chemicals which are excluded 
from the pretreatment standards because EPA determined that they do not 
pass through POTWs are phenol, 2-chlorophenol, 2,4-dichlorophenol and 
2,4-dimethylphenol. Phenol, as a constituent in sanitizer products, is 
excluded from the rule as it was excluded under the proposed sanitizer 
exemption due to disproportionate economic impacts. See the Comment 
Response Document in the rulemaking record for a further discussion on 
the decision to exclude these wastewater treatment chemicals and the 
chemicals that do not pass through.
c. Liquid Chemical Sterilants
    Section 221 of the Food Quality Protection Act of 1996 (Pub. L. 
104-170) amended the definition of ``pesticide'' in FIFRA to exclude 
liquid chemical sterilant products (including any sterilant or 
subordinate disinfectant claims on such products) which are used on a 
critical or semi-critical device (as defined in section 201 of the 
Federal Food, Drug, and Cosmetic Act (``FFDCA'') (21 U.S.C. 321). See 7 
U.S.C. 136(u), as amended. Because Congress has chosen to exclude such 
sterilant products from the definition of ``pesticide'', EPA has 
modified the applicability provisions of this rule so that the effluent 
limitations and pretreatment standards do not cover the wastewater 
discharges from the formulation, packaging, and/or repackaging of 
liquid chemical sterilants for use on critical devices or semi-critical 
devices as these terms are now defined in FFDCA section 201 and FIFRA 
section 2(u). See 40 CFR 455.40(f). However, facilities which 
formulate, package, or repackage products containing liquid chemical 
sterilants into other types of products, e.g., pesticide products which 
are not used on critical or semi-critical devices introduced directly 
into the human body, should be aware that the wastewaters resulting 
from the formulating, packaging, and repackaging activities are covered 
by this rule.
2. Wastewater Sources
    In the proposal, EPA excluded water from on-site employee showers, 
laundries and testing of fire protection equipment (59 FR 17903). EPA 
has added several other wastewater sources to the exclusion. These 
include: Storm water,4 water used for testing and emergency 
operation of safety showers and eye washes; DOT leak test bath water 
from non-continuous overflow baths (i.e., batch baths) where no cans 
have burst from the time of the last water change out; and water used 
for cleaning analytical equipment and glassware and for rinsing the 
retain sample container in on-site laboratories. However, the initial 
rinse of the retain sample container is considered a process wastewater 
source for the final regulation. (See the Comment Response

[[Page 57525]]

Document for a discussion on the exclusion of these wastewaters).
---------------------------------------------------------------------------

    \4\  Storm water at PFPR facilities and Refilling Establishments 
is covered by the Storm water Regulations Phase I and II, 
respectively.
---------------------------------------------------------------------------

B. The Zero Discharge/Pollution Prevention Alternative Option

    Commenters submitted a variety of comments which prompted the 
Agency to consider the Zero/P2 Alternative option. The most significant 
are summarized below. (See the Comment Response Document in the public 
record for additional summary of comment responses and responses to 
individual comments.)
1. Cross Media Impacts and Incineration Issues
    Commenters on the proposed rule believe that the zero discharge 
standard, as proposed, would lead to a large increase in cross-media 
impacts because the majority of facilities would be forced to contract 
haul dilute non-reusable wastewaters off-site for incineration (or 
other off-site disposal). Commenters questioned the goal of achieving 
zero discharge when it leads to an increase in cross-media impacts.
    At the time of the proposed rule, EPA believed that the proposed 
approach to achieving ``zero discharge'' of wastewater pollutants from 
PFPR facilities would result in increasing the recycling, reuse and 
recovery of wastewater pollutants. In addition, EPA based the 
requirements on the best practices observed at PFPR facilities studied 
as part of the development of the rule. However, based on the concerns 
raised by commenters about the potential cross-media impacts EPA 
decided to seek comment on the pollution prevention (P2) alternative to 
zero discharge in order to reduce these impacts (60 FR 30217). The P2 
Alternative to the zero discharge standard will allow a discharge of 
wastewater after waste discharge reductions are achieved using certain 
flow conservation, recycle or reuse and, under certain circumstances, 
wastewater treatment practices. Should a facility choose to comply with 
the regulation through the P2 Alternative the need for off-site 
disposal is reduced; thus, the cross-media effects are reduced.
    For those facilities that choose to comply with the final rule by 
achieving zero discharge, EPA has revised the cost model. The revisions 
add costs to account for increased volumes of non-reusable wastewaters 
being contract hauled for off-site incineration (see the Final Cost and 
Loadings Report (September 1996) for a discussion on changes to the 
costing methodology). The revised cost estimates for the industry to 
achieve zero discharge of wastewater pollutants, including the 
additional contract hauling costs, are still found to be economically 
achievable for the industry. (See Section V of today's notice for a 
discussion on the economic achievability of the final regulation.)
    Commenters also commented that a significant decrease in 
incineration capacity and an increased cost would result from EPA's 
combustion policy which may limit the permitting of new incinerators or 
the expansion of capacity of existing incinerators. EPA has addressed 
this concern in two ways. First, through the use of the P2 Alternative 
to zero discharge, this final rule will allow for the discharge of much 
of the non-reusable PFPR wastewaters that might otherwise be contract 
hauled for incineration. Second, as mentioned above, EPA has revised 
its costing methodology for the zero discharge option to include off-
site incineration of these additional non-reusable wastewaters and has 
still found the rule to be economically achievable by the industry. In 
addition, EPA does not believe an additional burden will be placed on 
incineration capacity. This is supported by a survey, ``Hazardous Waste 
Incineration 1994,'' published in the EI Digest, June 1994 which showed 
that while there is increasing demand for incineration there is still 
great untapped capacity. The surveyed commercial incinerators believe 
that market saturation, competition with cement kilns and successful 
waste minimization efforts by industry account for the unused capacity 
and the decline in the average price for incineration. [See the memo in 
the record entitled Incineration Costs for PFP Facilities, September 
30, 1994.]
2. Cross-Contamination Policy
    Commenters also stated that complete reuse, as proposed, is not 
achievable because of EPA's existing policy on cross-contamination of 
pesticide products. At the time of proposal EPA was using a standard of 
zero for cross-contamination. This meant that an active ingredient may 
not be present at any concentration in a FIFRA registered product where 
it is not listed on the confidential statement of formula (CSF) of that 
product or reported to EPA as an impurity. During the study phase for 
the development of the proposal, the industry practice was to triple 
rinse containers and equipment. Because of recent EPA enforcement 
actions, industry commented that additional rinsing is being used to 
comply with the cross-contamination policy.
    Commenters believe that more aggressive enforcement of a zero-
standard cross-contamination policy would increase wastewater volumes 
to the point that it would not be feasible to reuse these volumes. The 
commenters also believe that these factors were not taken into account 
when the proposed zero discharge regulation was developed. According to 
commenters, a facility that performs a triple rinse of the equipment 
interiors when changing from formulating one product to another, may 
have to perform additional rinses (e.g., a five times rinse) to ensure 
a level of zero cross-contamination. Commenters stated that even in 
cases where the rinsate from the ``triple rinse'' could be stored for 
use in a future formulation, the additional rinses create more 
rinsewater than could be reused and that these very dilute wastewaters 
would have to be contract hauled for off-site disposal to achieve zero 
discharge. Commenters believe this additional contract hauling of 
wastewater not only makes the proposed regulation economically 
unachievable, but increases the opportunity for cross-media impacts.
    At the time of the supplemental notice EPA was reviewing the 
pesticide cross-contamination policy. EPA has since published a Notice 
of Availability on a more risk-based draft policy in the Federal 
Register for public comment (61 FR 1928; January 24, 1996) and expects 
publication of the final policy by the end of 1996. In addition, EPA 
has created the P2 Alternative to zero discharge in this rulemaking 
which would allow formulators, packagers and repackagers to discharge 
these dilute non-reusable rinses following the use of specified 
pollution prevention practices.
3. Request for De Minimis Discharge
    Due to the concerns described above, many commenters requested a 
discharge allowance for these excess or non-reusable wastewaters. 
Commenters suggested that they would be willing to agree to use 
specified pollution prevention practices and pointed to the pollution 
prevention, recycle and reuse practices described in the preamble to 
the proposal (59 FR 17866) and the technical development document for 
the proposal [EPA #821-R-94-002]. In some cases commenters provided 
examples of possible additional practices they would be willing to 
agree to use. EPA believes that a discharge allowance (``pollution 
prevention allowable discharge'') may provide an added incentive to 
increase the use of pollution prevention and recycle practices, while 
ensuring that facilities are maximizing pollutant reductions in the 
wastewater while minimizing cross-media effects. Therefore, in response 
to the request for

[[Page 57526]]

a ``de minimis'' discharge alternative, EPA has incorporated the P2 
Alternative into the zero discharge standard for the final regulation.
4. Pollution Prevention Alternative
    Several changes have been made to the P2 Alternative since it was 
first presented in the Supplemental Notice. The most significant 
revision is that a facility will be able to choose between achieving 
zero discharge or an allowable discharge (using the P2 Alternative) on 
a product family/process line/process unit basis.
    In the supplemental notice, this choice was to be made on a 
facility wide basis. However, based on comments, EPA believes that the 
zero/P2 alternative option will be most practical if facilities can 
choose zero discharge for those processes/process units at their 
facility that are most amenable to zero discharge, while choosing the 
P2 Alternative for other portions of the facility for which the 
pollution prevention practices are most suited. EPA believes that this 
change will also reduce burden.
    In addition, EPA has made some changes to the listed pollution 
prevention practices. First, the two tables of listed practices, as 
found in Appendix B of the Supplemental Notice, have been combined into 
one table. In addition, based on comments, revisions have been made to 
the language used on the table of listed practices. Under the final 
rule, any practice may be modified with an adequate justification. When 
no justification is listed for the specific practice it can be modified 
via best professional or engineering judgement (BPJ or BEJ, 
respectively). EPA believes this is appropriate due to the unique and 
individual situations that may arise at a particular facility (see the 
Comment Response Document in the rulemaking record or the P2 Guidance 
Manual for the PFPR Industry for examples of such situations). However, 
for listed practices where no justification is listed on the table, a 
facility will initially have to submit a request for a modification to 
the permitting/control authority for review and approval. The 
permitting/control authority is expected to use BPJ or BEJ to decide if 
the justification provided is adequate. In addition, the permitting/
control authority will be able to add or replace practices specified by 
the rule with new or innovative practices that are more effective at 
reducing the pollutant loadings from a specific facility to the 
environment.
    EPA has also added some additional justifications to the table of 
listed practices based on comments. For example, EPA will allow 
facilities to modify the practice of reusing and/or storing and reusing 
rinsates generated by rinsing of drums containing only inerts when a 
facility can demonstrate that the large concentration of the inert in 
the formulation creates more volume, after using water conservation 
practices, than could feasibly be reused or when the concentration of 
the inert is so small (i.e., perfumes) that the reuse would cause a 
formulation to exceed the ranges allowed in the Confidential Statement 
of Formula (CSF).
    Based on comment, EPA has also combined, added and removed other 
practices. For example, EPA has added a practice concerning dry 
formulation interior equipment cleaning that specifies that facilities 
must cleanout such interiors with dry carrier prior to any water rinse 
and that this carrier material should preferably be stored and reused 
in future formulation of the same or compatible product (or, as a last 
resort, properly disposed of as solid waste). EPA has combined many of 
the water conservation practices, such as use of flow reduction on 
hoses, use of low volume/high pressure rinsing equipment and floor 
scrubbing machines, into one listed practice. Finally, EPA has removed 
the provision for dedicated equipment that was contingent on the 
inability to reuse interior rinsates. Instead, this practice will be 
discussed in the P2 Guidance Manual for the PFPR Industry. (See Table 8 
to Part 455 of the final regulation, for the listed practices and 
listed justifications).
    Furthermore, EPA has refined the definition of P2 allowable 
discharge. In response to comment, this definition states that 
``appropriate pollution control technologies'' include not only those 
technologies listed on Table 10 of the regulation, but also include a 
pesticide manufacturer's treatment system or an equivalent system, used 
individually or in any combination to achieve the level of pollutant 
reduction determined by the permitting authority or control authority. 
An equivalent system is a wastewater treatment system that is 
demonstrated in literature, treatability tests or self-monitoring data 
to remove a similar level of pesticide active ingredient (PAI) or 
priority pollutants as the applicable treatment technology listed in 
Table 10 to part 455 of the final regulation.
    Finally, EPA has decided to allow the control authority to use best 
engineering judgement to waive pretreatment at the PFPR facility prior 
to discharge to the POTW under certain circumstances. Under the final 
P2 Alternative to zero discharge, an indirect discharger must pretreat 
the portion of their allowable P2 discharge that includes interior 
equipment rinsates (including drum rinsates), leak and spill cleanup 
water and floor wash prior to discharge to the POTW. However, EPA will 
allow the control authority to waive the pretreatment requirements for 
floor wash and the final interior rinse of a triple rinse that has been 
demonstrated to be non-reusable when the facility demonstrates that the 
level of PAIs and priority pollutants in such wastewaters are at a 
level that is too low to be effectively pretreated at the facility and 
have been shown to neither pass through or interfere with the 
operations of the POTW. The control authority should also take into 
account whether or not the facility has employed water conservation 
when generating such a non-reusable wastewater.

C. Applicability to On-Site and Stand-alone Research & Development 
(R&D) Laboratories

    EPA has clarified the applicability of the final PFPR regulations 
to on-site and stand-alone R&D laboratories (i.e., no PFPR on-site). 
The final PFPR effluent guidelines and standards do not apply to 
wastewater generated from the development of new formulations of 
pesticide products and the associated efficacy and field testing (where 
resulting product is not manufactured for sale). This includes such 
wastewaters generated at stand-alone R&D laboratories as well as at R&D 
laboratories located on-site at PFPR facilities. EPA received many 
comments describing the operations at both on-site and stand-alone R&D 
facilities. Commenters believe that wastewaters generated at these R&D 
laboratories have extremely limited reuse potential due to their 
experimental nature, as such formulations may only be produced once or, 
at most, for one set of trials. Therefore, commenters believe that the 
pollution prevention practices listed in the Supplemental Notice (for 
example, reuse of interior rinsates in future formulation) are not 
amenable to these one-time wastewaters. In addition, experiments 
require the use of experimental controls. According to commenters, the 
addition of rinsates into the ``experimental design could alter the 
results of the experiment and render the data obtained useless.'' EPA 
has taken the above information into account, in addition to the 
typically low quantities discharged from these operations and believes 
that the wastewaters generated by experimental formulation, efficacy 
and field testing can be adequately addressed in permits

[[Page 57527]]

and pretreatment agreements through BPJ and BEJ, respectively.

D. Clarification of Issues Concerning PFPR/Manufacturers

    Pesticide Manufacturing is covered by 40 CFR part 455 subparts A 
and B. However, close to 50 pesticide manufacturers also perform 
pesticide formulating, packaging and repackaging at their facility 
(called ``PFPR/Manufacturers''). EPA has included a discussion, below, 
to aid in clarifying how the final rule applies to the PFPR/
Manufacturers in regard to three specific issues. First, EPA will 
clarify the difference between adding a solvent to stabilize an active 
ingredient and adding a solvent (or other inert ingredients) to 
formulate a pesticide product, and which practice constitutes 
manufacturing and which constitutes formulation. Second, EPA will 
discuss whether on-site incineration can be considered as achieving 
zero discharge under the PFPR final rule. Finally, EPA will amend and 
clarify the interpretation of the 1978 zero discharge BPT rule for 
direct discharging PFPR/Manufacturers and PFPR stand-alone facilities.
1. Stabilizing versus Formulating
    Pesticide manufacturers may sometimes add a solvent (organic or 
aqueous) to a manufactured PAI or intermediate for the purpose of 
stabilizing the product (e.g., for transport or storage). The Pesticide 
Manufacturing Final Technical Development Document [EPA-821-R-93-016; 
page 1-9] states that dilution of the manufactured active ingredient is 
only covered by the Pesticide Manufacturing rule when it is ``a 
necessary step following a chemical reaction to stabilize the 
product.'' Thus, EPA would like to clarify that manufacturers can 
perform such operations without being subject to the PFPR effluent 
guidelines as long as it is a necessary step to stabilize the product 
following a chemical reaction. Typically, such operations are performed 
without placing the pesticide in a marketable container (i.e., they are 
shipped in bulk via tank truck, rail car or tote tank). However, PFPR 
facilities should not conclude that they can receive PAIs (that they do 
not manufacture), even in bulk quantities, and dilute it with solvent 
or other carrier without being subject to the PFPR effluent guidelines, 
as this would be considered formulating under Sec. 455.10.
2. On-site Incineration as Zero Discharge
    Although EPA proposed zero discharge limitations based on pollution 
prevention, recycle/reuse and treatment for reuse, facilities may meet 
this zero discharge requirement through a number of other practices. 
These practices include hauling wastewater to off-site destinations, 
such as sites which have incineration, deep well injection disposal and 
centralized (commercial) wastewater treatment and subsequent discharge. 
In some cases, wastewaters are returned to the registrant or 
manufacturer. In a few instances, on-site incineration of PFPR 
wastewaters is being conducted.
    EPA received comment requesting clarification of whether on-site 
incineration is an acceptable means of achieving zero discharge. For 
purposes of this rule, EPA considers on-site incineration a valid 
option for achieving zero discharge of PFPR process wastewaters. Wet 
scrubbing devices used for air pollution control on existing on-site 
incinerators at PFPR facilities are not subject to the PFPR effluent 
guidelines. The only existing on-site incinerators at facilities 
covered by the PFPR regulation are at facilities which also manufacture 
pesticide active ingredients (PFPR/Manufacturers). Scrubber wastewater 
discharges from these incineration activities are currently regulated 
under the pesticide manufacturing effluent guidelines (40 CFR part 455, 
subparts A and B; see 58 FR 50638, September 28, 1993) for the PAIs 
manufactured at these facilities.
    On-site incineration at new sources (i.e., NSPS and PSNS), would 
also qualify as meeting zero discharge under the PFPR regulation and 
scrubber water discharges from these on-site incinerators would be 
covered by the pesticide manufacturing new source standards. However, 
scrubber wastewater discharges from the on-site incineration of PAIs 
not regulated by the pesticide manufacturing rule would have to be 
controlled using a BPJ or BEJ basis.
3. Amending and Clarifying of BPT
    The 1978 BPT regulation (43 FR 44846; September 29, 1978) 
established a zero discharge limitation for direct discharges from 
pesticide formulating and packaging 5 facilities. This included 
pesticide formulating, packaging and repackaging that occurred at 
direct discharge pesticide manufacturing facilities as well as stand-
alone PFPR facilities.6 The basis for the 1978 zero discharge BPT 
limitation was water conservation, reuse and recycle practices, with 
any residual water being evaporated or hauled off-site to a landfill. 
However, many facilities that were direct dischargers in 1978 switched 
to indirect discharge of wastewaters through POTWs instead of achieving 
zero discharge via recycle and land filling or evaporation. Due to the 
1978 BPT regulation, presently, there should be no direct discharging 
PFPR facilities. However, the zero discharge limitation was not 
interpreted or implemented in the same way for PFPR/Manufacturers as it 
was for stand-alone PFPR facilities.
---------------------------------------------------------------------------

    \5\ In 1978 repackaging was not included in the title of 
Subcategory C, but was covered by the BPT regulation and, therefore, 
will be included in the title for the final rule.
    \6\ A stand-alone PFPR facility is a PFPR facility where either: 
(1) No pesticide manufacturing occurs; or (2) where pesticide 
manufacturing process wastewaters are not commingled with PFPR 
process wastewaters. Such facilities may formulate, package or 
repackage or manufacture other non-pesticide chemical products and 
be considered a ``stand-alone'' PFPR facility.
---------------------------------------------------------------------------

    It is EPA's understanding that permitting authorities incorporated 
the BPT zero discharge standard for PFPR wastewaters into the pesticide 
manufacturers' NPDES permits as a ``zero allowance.'' A zero allowance 
would let a PFPR/Manufacturer discharge PFPR wastewaters along with 
their pesticide manufacturing wastewaters as long as they did not 
exceed the pesticide limitations in the Pesticide Manufacturing rule. 
The 1978 pesticide manufacturing BPT limitations were presented as a 
total pesticides limit for 49 specific PAIs. However, the more recent 
BAT and NSPS limitations (58 FR 50638; September 28, 1993) do not set a 
total pesticides limit but, instead set individual production-based 
limitations. Since the pesticide manufacturing limits are based solely 
on the manufacturing production and do not include the PFPR production, 
permits could still use a zero allowance approach to allow discharges 
of PFPR wastewater from these combined facilities.
    At the time of proposal, EPA did not believe it was necessary to 
amend the 1978 BPT because the zero discharge limitation was comparable 
to the proposed standard of zero discharge.7 EPA recognized that 
the bases for the 1978 BPT and proposed rule were not identical and 
that land filling and evaporation were no longer the best options for 
achieving zero discharge (59 FR 17870). However, EPA believed that

[[Page 57528]]

since both the 1978 BPT and the proposed rule were largely based on 
water conservation, recycle and reuse practices, facilities could meet 
BPT in a manner similar to the proposed rule.
---------------------------------------------------------------------------

    \7\ EPA proposed a zero discharge standard for PSES based on 
pollution prevention, recycle/reuse and, when necessary, treatment 
and reuse and expected it to be implemented via ``no flow'' of 
process wastewater.
---------------------------------------------------------------------------

    Following proposal, EPA received many comments on and requests for 
revision of the BPT regulation from the PFPR/Manufacturing facilities 
and trade associations. Commenters raised issues related to the 
technical feasibility of zero discharge for both the proposed rule and 
the 1978 BPT rule.
    Commenters believed that, because not all wastewaters were reusable 
as EPA had assumed, the potential increase in cross-media impacts 
associated with a zero discharge regulation in addition to the large 
costs associated with contract hauling for incineration made any zero 
discharge regulation infeasible. The commenters requested numeric 
discharge limitations and/or a ``de minimis'' discharge allowance 
(associated with pollution prevention practices) for their PFPR 
wastewaters and that BPT be revised accordingly. Based on these and 
other comments on the proposed rule, EPA developed the Zero/P2 
Alternative for PSES and BAT (for Subcategory C facilities) which was 
discussed in the Supplemental Notice and revised based on additional 
comment for today's final rule.
    Commenters also specifically commented on the need for revision of 
the 1978 BPT due to: (1) Certain practices on which the 1978 BPT was 
based (for example, land filling and evaporation) are no longer 
desirable because they may cause cross-media impacts or may no longer 
be available; and (2) the changes in PAIs and pesticide formulation 
chemistries since 1978. For example, many pesticide products have been 
reformulated from an organic solvent-based product to a water-based 
product to avoid the generation of volatile organic compounds (VOCs). 
This has, in many cases, caused an increase in the volume of wastewater 
generated by this industry. In addition, many facilities are switching 
to safer, more ``environmentally friendly'' pesticide active 
ingredients which would change the characteristics of the wastewaters 
from those determined in 1978. Commenters believe that EPA must revise 
BPT or account for the additional costs associated with the current 
practices that would be utilized to meet the zero discharge limitation 
(i.e., off-site incineration).
    Based on the comments discussed above, EPA has decided to amend BPT 
for both the existing direct discharging PFPR/Manufacturers and stand-
alone PFPR facilities to allow them to choose between zero discharge 
and the P2 Alternative. EPA believes that although the stand-alone PFPR 
facilities are already achieving zero discharge, in compliance with the 
1978 BPT, the methods they are employing may potentially result in 
cross-media impacts that the use of the P2 Alternative would 
potentially reduce.
    Also, these changes will make BPT consistent with BAT (and PSES) 
while essentially achieving the same pollutant removals and potentially 
decreasing cross-media impacts associated with various off-site 
disposal methods. In addition, the change to the BPT limitation that is 
being promulgated today for PFPR/Manufacturers will clarify that the 
method by which the zero discharge limitation has been implemented 
(i.e., use of a zero allowance) is appropriate.
    The final PFPR rule will allow discharge of PFPR wastewaters from 
PFPR/Manufacturing facilities in two specific ways. For those 
facilities choosing to comply with zero discharge (as opposed to the P2 
Alternative), their permits should incorporate the ``zero allowance'' 
approach for the PFPR portion of their operations for the PAIs that 
they manufacture. For those PAIs formulated and not manufactured at the 
facility, the permit should apply a strict zero discharge. In part, 
this is because their pesticide manufacturing wastewater treatment 
system may not consist of the appropriate treatment technologies for 
such PAIs or the treatment system may not be designed to treat the 
additional volumes and/or concentrations of the ``non-manufactured'' 
PAIs.
    However, PFPR/Manufacturers can choose the P2 Alternative to zero 
discharge. Such facilities would not have to achieve zero discharge or 
zero allowance of their PFPR wastewaters. Instead, these facilities 
would comply with the practices specified in the P2 Alternative and 
would receive a ``P2 discharge allowance'' following treatment (see 
Sec. 455.41 of the final regulation for the definition of P2 allowable 
discharge). The P2 discharge allowance can be applied to both 
pesticides that are formulated/packaged/repackaged and manufactured as 
well as those that are not manufactured on-site. [Note: Facilities can 
choose between zero discharge and the P2 Alternative on a product 
family/process line/process unit basis.]
    The treatment system used to treat the combined PFPR and pesticide 
manufacturing wastewaters must incorporate treatment that is 
appropriate for those PAIs which are not also manufactured on-site 
(i.e., those PAIs for which individual pesticide manufacturing 
production-based limitations are not contained in the NPDES permit). 
Treatment is deemed appropriate through the use of: treatability 
studies found in literature or performed by the facility; long-term 
monitoring data; or Table 10 of the final rule.
    As discussed above, EPA is also amending BPT for stand-alone PFPR 
facilities. Stand-alone facilities that do not send their wastewaters 
to POTWs can choose to comply with the P2 Alternative or can remain as 
zero discharge. Facilities choosing the P2 Alternative may have to 
apply for an NPDES permit if they do not already have a permit.

E. Clarification of Refilling Establishments

    EPA has decided to use the same general definition for ``refilling 
establishment'' as in the proposed effluent guideline and the proposed 
FIFRA Standards for Pesticide Containers and Containment rule (i.e., an 
establishment where the activity of repackaging pesticide product into 
refillable containers occurs). However, EPA will use different 
applicability statements in each of the regulations to further define 
the term as appropriate for the particular regulation. (See the Comment 
Response Document for additional discussion). The limitations and 
standards of Subpart E of the PFPR final rule apply to the repackaging 
of pesticide products performed by refilling establishments: (a) That 
repackage agricultural pesticides; (b) whose primary business is 
wholesale or retail sales; and (c) where no pesticide manufacturing, 
formulating or packaging occurs. Subpart E (Refilling Establishments) 
is not applicable to wastewater generated from custom application or 
custom blending.

F. RCRA Issues

    A number of commenters requested clarification concerning the 
potential for conflict between the proposed zero discharge effluent 
guidelines limitations and standards and certain requirements under the 
Resource Conservation and Recovery Act (RCRA). Specifically, commenters 
requested that EPA explain, in the final rule, its interpretation of 
the wastewater treatment unit exemption under RCRA (40 CFR 264.1(g)(6), 
265.1(c)(10)) with respect to facilities regulated by a national 
effluent guideline requirement of zero discharge and how such an 
exemption would apply to the Universal Treatment System (UTS). They 
also requested

[[Page 57529]]

clarification on the 90-day RCRA hazardous waste storage limitation.
    In general, owners and operators of hazardous waste treatment, 
storage, and disposal (TSD) facilities must meet the standards outlined 
in 40 CFR part 264 (and part 265 for interim status). However, the 
wastewater treatment unit exemption (40 CFR 264.1(g)(6), 40 CFR 
265.1(c)(10)) is intended to exempt, from certain RCRA requirements, 
wastewater treatment units at facilities that are subject to the NPDES 
or pretreatment requirements under the Clean Water Act 8 (for 
example, PFPR facilities). The specific definition of wastewater 
treatment units that are exempt from certain RCRA requirements is found 
in 40 CFR 260.10. The RCRA wastewater treatment unit exemption does not 
exempt hazardous wastewaters at these facilities from RCRA 
requirements, but does exempt the facilities from obtaining a TSD 
permit for wastewater treatment systems treating, storing, or 
generating listed (40 CFR 261.30-33) or characteristic (40 CFR 261.20-
24) hazardous wastes. EPA points out that many pesticide active 
ingredients are not RCRA listed hazardous wastes and most PFPR 
wastewaters do not exhibit hazardous waste characteristics; therefore, 
such non-hazardous wastewaters would not be covered by the RCRA 
Subtitle C requirements.
---------------------------------------------------------------------------

    \8\ Section 402 of the Clean Water Act addresses the NPDES 
requirements, while Section 307(b) addresses the pretreatment 
standards.
---------------------------------------------------------------------------

    As mentioned above, many commenters requested that EPA clarify 
whether or not the wastewater treatment unit exemption can be applied 
to facilities that are not discharging their treated wastewater 
effluent due to a zero discharge limitation in a national effluent 
guideline. Facilities subject to an effluent guideline which sets a 
zero discharge or other limitations or standards (such as the P2 
Alternative) can, in fact, be eligible for the RCRA wastewater 
treatment unit exemption, assuming that they also satisfy the 
exemption's other criteria.
    Commenters also requested clarification on how the RCRA 90-day 
limit on the storage of hazardous wastes (40 CFR 262.34) applies to 
rinsates being stored for subsequent reuse in accordance with the PFPR 
effluent guidelines. Generally, RCRA TSD permits (or interim status) 
are required for facilities that store hazardous waste on site. 
However, the RCRA regulations allow facilities that generate hazardous 
waste to store the waste without a permit or interim status provided 
that certain criteria, including a 90-day limit on storage for large 
quantity generators, are satisfied (these criteria are outlined in 40 
CFR 262.34). As mentioned earlier in this section, most PFPR 
wastewaters would not be defined as RCRA hazardous waste, either 
because the wastewater does not meet a RCRA listing, or does not 
exhibit any hazardous characteristic; of course, generators are still 
required to make this determination with respect to their own wastes 
(40 CFR 262.11). If a material is not a hazardous waste, the RCRA 
regulations, including storage requirements, do not apply.
    For any rinsewaters that potentially meet a RCRA listing or exhibit 
a RCRA characteristic, such rinsewaters being stored for direct reuse 
as outlined under today's final PFPR effluent guidelines and standards 
would not be considered wastes by the Agency (see 40 CFR 261.2(e)(1)). 
As described elsewhere in today's rulemaking, these rinsewaters do not 
require treatment prior to reuse and, due to stringent product 
specifications, do not contain constituents that are not needed in the 
product being formulated. In these situations where the rinsewaters are 
not classified as a waste, the RCRA regulations (including the 
generator requirements and storage requirements) do not apply. However, 
the RCRA regulations do require that materials being stored for reuse 
not be accumulated speculatively (speculatively accumulated materials 
are classified as wastes). A material is not accumulated speculatively 
if the person accumulating it shows that the material is recyclable, 
has a feasible means of being recycled, and that during the calendar 
year, the amount of material recycled equals at least 75 percent by 
weight or volume of the amount of that material accumulated at the 
beginning of the period. See 40 CFR 261.1(c)(8) and 261.2(e)(2)(iii).

IV. The Final Regulation

A. Pretreatment Standards for Existing Sources (PSES)

1. Pesticide Formulating, Packaging and Repackaging (Subcategory C)
    Under the final rule, EPA is establishing a zero discharge 
pretreatment standard with a P2 Alternative which allows a discharge to 
POTWs. The zero discharge standard is based on pollution prevention, 
recycle and reuse practices and, when necessary, treatment (through the 
Universal Treatment System) for reuse. The basis also includes some 
amount of contract hauling for off-site incineration which may be 
necessary to achieve zero discharge. Compliance with the alternative 
(P2 Alternative) is based on performing specific pollution prevention, 
recycle, reuse and water conservation practices (as listed in Table 8 
to part 455 of the final rule) followed by a P2 allowable discharge 
which requires treatment of interior wastewater sources (including drum 
rinsates), leak/spill cleanup water and floor wash prior to discharge 
to a POTW. 9
---------------------------------------------------------------------------

    \9\ In individual cases the requirement of wastewater 
pretreatment prior to discharge to the POTW may be removed for floor 
wash or the final rinse of a non-reusable triple rinse by the 
control authority when the facility has demonstrated that the levels 
of PAIs and priority pollutants in such wastewaters are at a level 
that is too low to be effectively pretreated at the facility and 
have been shown to neither pass through or interfere with the 
operations of the POTW.
---------------------------------------------------------------------------

    EPA visualized the Universal Treatment System (UTS) as a flexible 
system consisting of a variety of treatment technologies that have been 
determined to be effective for treating PFPR wastewaters. The UTS can 
include various combinations of treatment technologies consisting of 
emulsion breaking, hydrolysis, chemical oxidation, metals precipitation 
and carbon adsorption. See Section 7 of the Final Technical Development 
Document [EPA-821-R-96-019] for the PFPR effluent guideline and the 
proposal (59 FR 17873) for a detail description of the UTS.
    EPA determines which pollutants to regulate in PSES on the basis of 
whether or not they pass through, interfere with, or are incompatible 
with the operation of POTWs (including interference with sludge 
practices). A pollutant is deemed to pass through when the average 
percentage removed nationwide by well-operated POTWs (those meeting 
secondary treatment requirements) is less than the percentage removed 
by directly discharging facilities applying BAT for that pollutant. In 
the pesticide chemical manufacturing final rule, phenol, 2-
chlorophenol, 2,4-dichlorophenol and 2,4-dimethylphenol were found to 
not pass through POTWs (58 FR 50649; September 28 1993). Phenol is a 
PAI that is exempted from this final rule under the sanitizer exemption 
while the remaining three chemicals are priority pollutants.
    As discussed in Section III.A.1, based on comments and the addition 
of the pollution prevention alternative to the zero discharge standard 
for the final rule, EPA believes it is appropriate to exempt phenol 
from the final PFPR effluent guidelines and standards, and to exclude 
2-chlorophenol, 2,4-dichlorophenol and 2,4-dimethylphenol from 
regulation in the final categorical pretreatment standards (PSES and

[[Page 57530]]

PSNS) because these three pollutants have been determined not to pass 
through POTWs.
    EPA has estimated the compliance cost for the industry to achieve 
the pretreatment standards (PSES) contained in the final rule at $29.9 
million annually ($1995). The current PAI pollutant loading to POTWs is 
estimated at 192,789 pounds with PAI removals achieved by the final 
regulation estimated at 189,908 pounds (assuming zero removals by POTWs 
currently--see Cost-Effectiveness Analysis in Section V.D.6). This 
means that compliance with the final rule would remove almost 99% of 
the current pollutant loading. Due to the toxic nature of the majority 
of PAIs, the equivalent toxic weighted pollutant removals are 7.6 
million pound equivalents 10.
---------------------------------------------------------------------------

    \10\ The toxic weighted pollutant removals (in pound-
equivalents) for the final rule are not directly comparable to the 
toxic weighted pollutant removals presented in the proposal or 
supplemental notice. This is because: (1) The method used to convert 
acute toxicity values to chronic value was revised from a 1:100 
ratio to a 1:10 ratio and reduces the toxic weighting factor for 
many PAIs; (2) the toxic weighting factor for the pyrethrins was 
revised; and (3) EPA is using an average non-272 PAI toxic weighting 
factor based on values for 91 non-272 PAIs instead of using the 
current loading-weighted average of the toxic weighting factors for 
the 272 PAIs.
---------------------------------------------------------------------------

2. Refilling Establishments (Subcategory E)
    EPA is establishing pretreatment standards for existing refilling 
establishments at zero discharge of pollutants in process wastewaters 
to POTWs. This standard is based on collection and storage of process 
wastewaters followed by reuse of the wastewaters as make-up water for 
application to fields in accordance with the product label. Based on 
the PFPR 1988 questionnaire survey, 98 percent of the existing 
refilling establishments achieve zero discharge.
    Only a small number of refilling establishments are indirect 
dischargers and EPA has estimated that they can comply with the final 
pretreatment standards at nearly zero cost. EPA has estimated that only 
19 facilities (of the 1134) do not achieve zero discharge and they 
currently discharge to POTWs. EPA estimates a capital cost of only $500 
(i.e., the approximate cost of a minibulk tank to store water for 
reuse) for each the 19 facilities to meet the zero discharge PSES 
standard.

B. Best Practicable Control Technology Currently Available (BPT)

1. Pesticide Formulating, Packaging and Repackaging (Subcategory C)
    As discussed in Section III.D.3. of today's notice, EPA has amended 
and clarified the BPT limitations for the PFPR/Manufacturers and 
established BPT limitations for the stand-alone PFPR facilities (ie., 
PFPR facilities where no pesticide manufacturing occurs or where 
pesticide manufacturing process wastewaters are not commingled with 
PFPR process wastewaters). In addition to clarifying the use of ``zero 
allowance'' for zero discharge for PFPR/Manufacturers, EPA is providing 
both the PFPR/Manufacturers and the stand-alone PFPRs with the 
opportunity to use the P2 Alternative.
    Under the final rule, EPA is amending the 1978 BPT standard by 
establishing a zero discharge limitation with a compliance alternative 
which provides for P2 allowable discharge to surface waters. EPA is 
also establishing a zero discharge limitation (without the use of a 
``zero allowance'' permitting mechanism) with a compliance alternative 
for a P2 allowable discharge for the stand-alone PFPR facilities. (See 
Section III.D.3. for additional discussion.)
    The zero discharge limitation is based on pollution prevention, 
recycle and reuse practices and, when necessary, treatment and reuse 
for those PAIs that are formulated, packaged and/or repackaged but are 
not also manufactured at the facility. The basis also includes some 
amount of contract hauling for off-site incineration.
    Zero allowance is established for PFPR/Manufacturers for those 
pesticides that are formulated, packaged and/or repackaged and 
manufactured at the facility. Zero allowance is based on pollution 
prevention, recycle and reuse practices and treatment and discharge 
through the manufacturer's wastewater treatment system within the 
pesticide manufacturing production-based numeric limitations (i.e., 
giving no allowance for the PFPR wastewater or its production). This is 
consistent with how the existing 1978 BPT zero discharge requirements 
have been implemented by permit writers.
    The compliance alternative (P2 Alternative) is based on performing 
specific pollution prevention, recycle, reuse and water conservation 
practices (as listed in Table 8 to part 455 of the final rule) followed 
by a P2 allowable discharge which requires treatment of all process 
wastewaters prior to direct discharge to surface waters.
    EPA has estimated that there are no additional costs or pollutant 
removals associated with the BPT limitation for the PFPR/Manufacturers, 
as these costs have already been absorbed by the industry over the past 
18 years as a result of the 1978 BPT regulation. (See Section IV.C.1. 
for a discussion on BAT and the associated costs of compliance).
    EPA has not assigned any additional costs to the stand-alone PFPR 
facilities as they are also currently achieving zero discharge. 
However, facilities may choose to take advantage of the P2 Alternative 
in order to achieve a decrease in cross-media impacts. Depending on the 
current means of achieving zero discharge, a facility's costs may 
increase or decrease when switching to the P2 Alternative. The costs 
may increase initially due to the cost of installing a wastewater 
treatment system due to the associated capitol costs; however, EPA 
believes that over the long term, the annual costs for those facilities 
which select the P2 Alternative would be lower. EPA assumes that 
facilities will make the choice, to continue to comply with zero 
discharge or to move to the P2 Alternative based, in significant part, 
on economic considerations. Therefore, EPA believes that if the costs 
associated with the P2 Alternative were significantly higher, the 
facility would not alter their current means of compliance. 
Accordingly, EPA has assumed no incremental costs as a result of the 
addition of the P2 Alternative to BPT for stand-alone PFPR facilities.
2. Refilling Establishments (Subcategory E)
    The existing BPT regulations did not cover refilling 
establishments. As discussed in the proposal (59 FR 17870), the 
practice of refilling minibulks did not begin until the late 1980's, 
i.e., after the original BPT regulation was promulgated in 1978. Based 
on the PFPR survey, 98 percent of the existing refilling establishments 
achieve zero discharge. EPA proposed zero discharge of process 
wastewater pollutants as the BPT limitations for refilling 
establishments.
    In the final regulation EPA is establishing a BPT limitation for 
existing refilling establishments at zero discharge of pollutants in 
process wastewaters to waters of the U.S. This limitation is based on 
collection and storage of process wastewaters, including rinsates from 
cleaning minibulk containers and their ancillary equipment; and 
wastewaters from secondary containment and loading pads. The collected 
process wastewater would be reused as make-up water for

[[Page 57531]]

application to fields in accordance with the product label. Since 
greater the 98% of these facilities already achieve zero discharge and 
the remaining facilities discharge to POTWs, the costs associated for 
BPT have been estimated to be nearly zero.

C. Best Available Technology Economically Achievable (BAT)

1. Pesticide Formulating, Packaging and Repackaging (Subcategory C)
    EPA has established BAT limitations that are equivalent to the 
limitations established for BPT for PFPR/Manufacturers and stand-alone 
PFPR facilities (see Section IV.B.1 for discussion of BPT limitations).
    Under the proposal, existing direct discharge PFPR/Manufacturers 
were expected to treat (for reuse) their PFPR wastewaters in a separate 
treatment system from their pesticide manufacturing wastewater 
treatment systems. EPA estimated the compliance costs for these 
facilities by costing them for separate PFPR universal treatment 
systems.
    Under the final rule, existing direct discharging Subcategory C 
facilities will have a choice of either complying with a zero discharge 
limitation or the P2 Alternative (see Section III.D.3. for a discussion 
on amending and clarifying BPT). However, the rule clarifies that in 
meeting the zero discharge limitation, permitting authorities may 
authorize the commingling of pesticide manufacturing and PFPR process 
wastewaters to meet the pertinent BAT limitations for pesticide 
manufacturers with a zero allowance for PAIs in PFPR wastewaters. EPA 
has revised the cost model to account for changes in the final rule due 
to updated analytical data, changes in scope and the addition of the P2 
Alternative. However, EPA believes that an overestimate of the costs 
would result if EPA included costs for separate UTS systems when the 
facilities' current controls, used for treating PFPR wastewaters (i.e., 
prior to commingling with pesticide manufacturing wastewater) and/or 
treating commingled wastewater (i.e., their pesticide manufacturing 
treatment systems), already achieve the BAT limitation of zero 
discharge or ``zero allowance.''
    Thus, EPA is not including these costs and removals in the total 
industry estimate. However, EPA has made a determination of economic 
achievability even if these costs would be incurred, and is presenting 
the costs and pollutant removals associated with the (17) direct 
discharging PFPR/Manufacturers for informational purposes. When current 
treatment in place is not accounted for, the estimated compliance cost 
for the PFPR/Manufacturers to comply with BAT is $2.8 million ($1995) 
and is estimated to remove greater than 99% of the pollutants. This 
equals 50,248 lbs (or 71.6 million lb-eq.11) of PAIs. Again, EPA 
believes this cost is economically achievable.
---------------------------------------------------------------------------

    \11\ The large number of toxic weighted pound equivalents is 
driven by a large PFPR production value reported from a single PFPR/
Manufacturer using coumaphos with a toxic weighting factor = 5.6 x 
10\3\.
---------------------------------------------------------------------------

2. Refilling Establishments (Subcategory E)
    EPA is establishing BAT limitations for this subcategory that are 
equivalent to the limitations established for BPT. Since BPT requires 
zero discharge of process wastewater pollutants and 98 percent of the 
existing refilling establishments already achieve zero discharge, EPA 
believes the same technology basis and discharge prohibition is 
appropriate and economically achievable for BAT.

D. New Source Performance Standards (NSPS)

1. Pesticide Formulating, Packaging and Repackaging (Subcategory C)
    EPA has set the new source performance standards for PFPR/
Manufacturers and stand-alone PFPRs the same as BPT and BAT. The new 
source standards are established as follows:
    EPA has established NSPS limitations equivalent to the limitations 
that are established for BPT and BAT. Since EPA found the Zero/P2 
alternative to be economically achievable for existing facilities under 
BPT and BAT on a facility basis and since new facilities will be able 
to choose between zero discharge and the P2 Alternative on a product 
family/process line/process unit basis, EPA believes that this NSPS 
standard does not create a barrier to entry.
2. Refilling Establishments (Subcategory E)
    EPA is establishing NSPS standards for this subcategory that are 
equivalent to the limitation established for BPT and BAT. Since BPT 
requires zero discharge of process wastewater pollutants and 98 percent 
of the existing refilling establishments already achieve zero 
discharge, EPA believes an equivalent technology basis is appropriate 
for NSPS and will not create a barrier to entry.

E. Pretreatment Standards for New Sources (PSNS)

1. Pesticide Formulating, Packaging and Repackaging (Subcategory C)
    EPA is establishing PSNS standards for this subcategory that are 
equivalent to the standards established for PSES (i.e., zero discharge 
with a compliance alternative for a P2 allowable discharge). EPA 
believes that the standards established for PSNS will not create a 
barrier to entry as they are equivalent to PSES which were found to be 
economically achievable.
    EPA did not propose to set PSNS (or NSPS) equal to PSES (or BAT). 
Although the PSNS Zero/P2 Alternative standard discussed above is a 
change from the proposed PSNS, it is consistent with the Supplemental 
Notice and comments submitted. At proposal, PSES included a partial 
exemption for exterior wastewater sources from small sanitizer 
facilities (see Section II.E of today's notice for a discussion of the 
proposed partial sanitizer exemption); however, the proposed PSNS did 
not include such an exemption and was found not to create a barrier to 
entry for new facilities. The partial sanitizer exemption no longer 
effects the economic achievability of the standards because in response 
to comments, sanitizer products are no longer included in the scope of 
the PFPR effluent guidelines. Based on the addition of the P2 
Alternative option to these effluent guidelines and standards and the 
associated estimated reductions in cross-media impacts, EPA believes 
that it is appropriate to give new facilities the opportunity to use 
the P2 Alternative to meet PSNS.
2. Refilling Establishments (Subcategory E)
    EPA is establishing PSNS standards for this subcategory that are 
equivalent to the limitations established for PSES (i.e., zero 
discharge). In addition, BPT, BAT and NSPS also require zero discharge 
of process wastewater pollutants, and 98 percent of the existing 
refilling establishments already achieve zero discharge; thus, EPA 
believes an equivalent technology basis is appropriate for PSNS and 
will not create a barrier to entry.

F. Best Conventional Pollutant Control Technology (BCT)

1. Pesticide Formulating, Packaging and Repackaging (Subcategory C)
    EPA has established BCT limitations that are equivalent to the 
limitations established for BPT. This is because BPT and BAT establish 
zero discharge

[[Page 57532]]

with a compliance alternative for a P2 allowable discharge and BCT can 
be no less stringent than BPT and no more stringent that BAT. EPA 
believes there are no additional costs associated with these 
limitations.
2. Refilling Establishments (Subcategory E)
    EPA is establishing BCT limitations for this subcategory that are 
equivalent to the limitations established for BPT. Since BPT requires 
zero discharge of process wastewater pollutants and 98 percent of the 
existing refilling establishments already achieve zero discharge, EPA 
believes an equivalent technology basis is appropriate for BCT.

V. Economic Considerations

A. Introduction

    Promulgation of the final PFPR rule requires that the discharge 
limitations be both technically and economically achievable. This 
section of today's notice reviews EPA's analysis of the economic 
impacts of the regulation and presents EPA's finding that the 
limitations are economically achievable.
    EPA's detailed economic impact assessment can be found in the 
report titled ``Economic Analysis of Final Effluent Limitations 
Guidelines and Standards for the Pesticide Formulating, Packaging, and 
Repackaging Industry'' (hereafter ``final EA'') [EPA-821-R-96-017]. The 
report estimates the economic effect on the industry of compliance with 
the regulation in terms of facility closures (severe impacts), and 
conversions of production lines to alternate activities and/or 
compliance costs exceeding five percent of facility revenues (moderate 
impacts). The report also includes: Analysis of the effects of the 
regulation on new pesticide formulating, packaging, and repackaging 
facilities and a Regulatory Flexibility Analysis detailing impacts on 
small businesses and small entities. A separate report, ``Cost-
Effectiveness Analysis of Final Effluent Limitations Guidelines and 
Standards for the Pesticide Formulating, Packaging, and Repackaging 
Industry,'' presents an analysis of the cost-effectiveness of the final 
regulation. All of these analyses support the conclusion that the 
effluent limitations guidelines and standards contained in the final 
PFPR regulation are economically achievable by the PFPR industry.
    The discussion of economic achievability is organized in three 
sections, as follows. Section V.B. summarizes the economic findings for 
the regulation as proposed in April 1994. Section V.C. reviews certain 
changes in the regulation since proposal that were the basis of a 
supplemental notice issued in June 1995; and Section V.D. presents the 
economic analysis of the final regulation, as delineated in the 
preceding sections of this preamble.

B. Review of the Proposed Regulation

    The April 14, 1994 notice of proposed rulemaking (59 FR 17850) 
included a description of the anticipated economic impacts of proposed 
effluent limitations guidelines and standards for the PFPR industry. 
These economic impacts are briefly reviewed below. (See Section II.E. 
for a review of the proposed regulation.)
    At proposal, BCT and BAT requirements were proposed to be 
equivalent to the 1978 BPT requirements; therefore, no additional costs 
were expected for compliance with the BCT and BAT limitations. 
Accordingly, the EIA focused on analyzing alternative PSES options for 
the two industry subcategories.
1. Subcategory C: PFPR and PFPR/Manufacturers
    Since completion of the proposal EIA, EPA has continued to review 
its information regarding the structure of the PFPR industry and has 
increased its estimates of the numbers of facilities using only non-272 
PAIs that would potentially be subject to the Subcategory C regulation. 
As a result, EPA's estimates of the number of affected facilities and 
the impacts and costs of the proposed regulation are higher than those 
presented at proposal. For example, at proposal, EPA estimated that 
Subcategory C included 1,479 water-using facilities that were 
potentially subject to regulation. Using the newer population 
estimates, EPA now estimates that under the proposal a total of 2,018 
water-using facilities would have been potentially subject to 
regulation. The increase in this estimate comes entirely from the 
increased estimate of the number of facilities using only non-272 
PAIs.12 The following discussion of the proposed Subcategory C 
regulation reflects these updated estimates of the numbers of 
facilities, costs, and impacts.
---------------------------------------------------------------------------

    \12\ Due to changes in scope for the final regulation, 1,411 
water using facilities will be potentially subject to the final 
regulation.
---------------------------------------------------------------------------

    For the re-estimated proposed rule, EPA estimates that 2,018 
Subcategory C, water-using facilities were potentially subject to 
regulation. Of these 2,018 facilities, 943 used the 272 PAIs that EPA 
originally considered for regulation 13 and 1,075 used only the 
additional non-272 PAIs. EPA estimates that 1,142 of these facilities 
would incur total annualized compliance costs of $71.9 million in 1995 
dollars 14 under the proposed rule of zero discharge.
---------------------------------------------------------------------------

    \13\ Many of these facilities also used non-272 PAIs in addition 
to the 272 PAIs.
    \14\ The costs of regulatory compliance are all reported in 1995 
dollars. In the EIA and the Federal Register Notice for the 
regulation at proposal and in the Supplemental Notice, regulatory 
compliance were reported in 1988 dollars, the base year of the PFPR 
industry survey. All cost estimates, including the proposal and the 
supplemental notice have been brought forward to 1995.
---------------------------------------------------------------------------

    The EIA for the proposed regulation used three primary impact 
measures:
     Severe impacts, which were defined as facility closures;
     Moderate impacts or facility impacts short of closure, 
which were defined as line conversions or incurrence of annualized 
compliance costs exceeding five percent of facility revenue; and
     Employment losses, which, for the impact analysis, were 
assumed to accompany facility closures and line conversions (but not 
incurrence of annualized compliance costs exceeding 5 percent of 
facility revenue).
    Under the proposed PSES requirements and using the updated estimate 
for the number of non-272 PAI-using facilities, EPA estimates that 
three facilities would close as a result of proposed regulation, while 
327 facilities would incur moderate impacts. In addition, under the 
proposed zero discharge rule, EPA conservatively estimates total job 
losses at facilities incurring impacts at 890 full-time employment 
positions. EPA judges the proposed regulation as economically 
achievable using these updated impact values that are based on the 
higher number of non-272 PAI-using facilities.
    In addition to the facility impact analysis, EPA analyzed the cost-
effectiveness of the proposed regulation for Subcategory C facilities. 
Cost-effectiveness is calculated as the ratio of the incremental annual 
costs in 1981 dollars to the incremental pounds-equivalent of 
pollutants removed for each option. Using the updated estimates of 
costs and removals for the proposed regulation, EPA estimates total 
pollutant removals of 505,235 pounds, or 38.9 million pounds-equivalent 
on a toxic weighted basis, and an average cost-effectiveness value of 
$1.65 per pound-equivalent.\15\ \16\ EPA considers the proposed option 
to be cost-effective.
---------------------------------------------------------------------------

    \15\ The toxicity of the non-272 PAIs used in generating this 
cost-effectiveness value was estimated as the average pre-compliance 
loading-weighted average toxicity of the 272 PAIs.
    \16\ At proposal, EPA reported an average cost-effectiveness, or 
the cost-effectiveness value calculated relative to the baseline of 
no regulation, and an incremental cost-effectiveness, or the cost-
effectiveness relative to the next less stringent regulatory option 
considered. However, the incremental calculation and the comparison 
are no longer relevant as the alternative options at proposal are no 
longer under consideration. For this reason, in the current 
discussion, EPA is reporting only the cost-effectiveness value 
calculated relative to the baseline of no regulation.

---------------------------------------------------------------------------

[[Page 57533]]

    For analysis of the final regulation, EPA revised the toxic 
weighting factors to reflect additional information on the toxicity of 
the PAIs. In general, the revisions reduced the estimated toxicity of 
the PAIs subject to regulation (see Section V.D.6, below, which 
contains the discussion of the cost-effectiveness analysis for the 
final regulation). Using these revised toxic weighting factors and also 
taking into account the updated estimates of costs and pollutant 
removals for non-272 PAI-using facilities, EPA estimates that the 
proposed regulation would remove an estimated 23.2 million pounds-
equivalent, yielding a cost-effectiveness value of $2.77 per pound-
equivalent ($1981).
2. Subcategory E: Refilling Establishments
    At proposal, an estimated 1,134 refilling establishments 
(Subcategory E PFPR facilities) were potentially subject to regulation. 
EPA estimates that 98 percent of these facilities, were already in 
compliance with the proposed Subcategory E limitations and pretreatment 
standards. All but 19 of the 1,134 existing facilities were expected to 
incur no costs to comply with the proposed option. The remaining 19 
facilities were expected to achieve compliance with no significant 
additional cost\17\ (See Section VI.B.2). No economic impacts were 
estimated to occur due to compliance with the proposed rule.
---------------------------------------------------------------------------

    \17\ A capital investment of approximately $500 was estimated 
for each of these facilities.
---------------------------------------------------------------------------

C. Changes to the EIA Since Proposal: Issuance of the June 1995 
Supplemental Notice

    In response to public comments on the regulation, EPA issued a 
Supplemental Notice (60 FR 30217) on June 8, 1995 that solicited 
comment on proposed changes in the scope of the PFPR regulation for 
Subcategory C facilities and on the Zero/P2 Alternative. In addition, 
EPA revised the cost estimating methodology and economic impact 
estimates.
    As discussed in Section III.B.4. of today's notice, EPA estimated 
compliance costs for each facility to comply with the Zero/P2 
Alternative option. Each facility was assumed to choose either zero 
discharge or the P2 Alternative for compliance, depending on which 
alternative would impose the lower annualized costs on the facility. 
For the Supplemental Notice, EPA estimated total annualized compliance 
costs for facilities covered under PSES at $43.4 million, in 1995 
dollars, or 40 percent less than the costs for the proposed regulation. 
Under the Zero/P2 Alternative option, no facilities were assessed as 
closures as the result of the compliance requirements, while 208 
facilities were assessed as incurring moderate impacts.\18\ The 
comparable values for the regulation for the proposal (re-estimated 
using the revised cost previously discussed) are 3 facility closures 
and 327 facilities with moderate impacts.
---------------------------------------------------------------------------

    \18\ The cost and impact values for the Supplemental Notice 
regulation reflect updating of the estimates of non-272 PAI-using 
facilities.
---------------------------------------------------------------------------

D. Assessment of Costs and Impacts for the Final PFPR Regulations

    This section describes the impact measures used in the Economic 
Analysis, the estimated impacts associated with the final rule, impacts 
on new sources, and the cost-effectiveness analysis. As discussed 
below, EPA is promulgating the regulation for Subcategory E facilities 
as presented at proposal with storm water now exempted, but the 
analysis of costs and impacts for the Subcategory E regulation remain 
the same as presented at proposal. Accordingly, the following 
discussion focuses on the Pretreatment Standards for Existing Sources 
(PSES) regulation for Subcategory C facilities.
1. Summary of Economic Analysis Methodology and Data
    The data sources and methodology for analyzing economic impacts 
remain the same as used at proposal and for the Supplemental Notice. 
For a more detailed discussion of the methodology used in the economic 
impact analysis, see the preamble for the PFPR regulation at proposal 
(59 FR 17850), the proposal EIA report and final EA report.
    The economic impact analysis measures three types of primary 
impacts: severe impacts (facility closures), moderate impacts (facility 
impacts short of closure), and job losses. Each impact analysis measure 
is reviewed briefly below.
     Severe Impacts. Severe impacts, defined as facility 
closures, were assessed on the finding that the regulation would be 
expected to cause a facility to incur, on average, negative after-tax 
cash flow over the three-year period of analysis. This analysis was 
performed for PFPR/Manufacturers and for facilities that do not 
manufacture PAIs, but receive at least 25 percent of their revenue from 
PFPR activities. Facilities with relatively low reliance on PFPR 
activities as a source of revenue (i.e., less than 25 percent of 
revenue) were excluded from this analysis because EPA does not 
anticipate that such facilities would close in entirety because of 
costs of regulatory compliance associated with PFPR activities. EPA 
also did not include PFPR facilities from Subcategory E (refilling 
establishments) in this analysis largely because of their relatively 
low reliance on PFPR activities as a source of revenue (an average of 
15 percent).
     Moderate Impacts. Moderate impacts were defined as a 
financial impact short of entire facility closure and were analyzed in 
two ways. First, PFPR facilities subject to the Subcategory C 
regulation and with less than 25 percent of revenue from PFPR 
activities were assessed for line conversions by comparing the after-
tax return on assets (ROA) from PFPR activities after regulation with 
the ROA estimated to be achievable in an alternative line of business. 
Facilities for which the post-compliance ROA for PFPR activities was 
found to be less than the return achievable in an alternative line of 
business were assumed to switch out of PFPR operations. Second, all 
Subcategory C and E facilities, regardless of PFPR revenue reliance, 
were assessed for the incurrence of total annualized compliance costs 
exceeding five percent of facility revenue.
     Employment losses. Possible employment losses were 
assessed for facilities estimated to close as a result of regulation 
and for facilities estimated to convert PFPR lines to an alternative 
business activity. EPA believes that the estimates of employment loss 
resulting from this analysis are highly conservative because of the 
assumption that line conversions would result in loss of employment for 
a facility's PFPR-related employment. More realistically, EPA expects 
that line conversions will not generally lead to full loss of PFPR-
related employment.
    As in the economic impact analysis for the proposed PFPR 
regulation, these analyses for the final regulation assume that PFPR 
facilities would not be able to pass the costs of compliance on to 
their customers through price increases. Analysis of pesticide product 
markets and the likely response of pesticide product customers to price 
increases (as discussed in the proposal EIA), indicates that a 
substantial number of facilities should recover some part of their 
compliance costs through price

[[Page 57534]]

increases. Thus, the analyses of compliance cost and impacts overstate 
the severity of the regulation's financial burden on the PFPR industry.
    EPA extrapolated information on compliance costs, pollutant 
loadings, and the frequency of facility-level compliance impacts from 
data on facilities in the original PFPR industry survey to analyze the 
technical and economic impacts of regulating the additional non-272 
PAIs.\19\ In the following discussion, EPA has not separated the 
estimated costs or impacts according to which set of PAIs facilities 
are estimated to use. Additional details of the analysis of costs and 
impacts for the facilities using the different sets of PAIs may be 
found in the final EA.
---------------------------------------------------------------------------

    \19\ Although the PFPR industry survey focused on facilities 
using the original 272 PAIs, some of these facilities were also 
found to use one or more of the additional non-272 PAIs in their 
PFPR activities. During site visits, EPA also observed PFPR 
operations at several facilities that process both original 272 and 
non-272 PAIs. Thus, the set of facilities used for extrapolating 
financial and technical information to facilities using the non-272 
PAI chemicals and the impacts of bringing these additional PAIs 
under regulation also includes information on facilities that use 
these non-272 PAIs.
---------------------------------------------------------------------------

    Although the impact analysis methodology for the final regulation 
is unchanged from proposal (see the Proposal EIA), its application has 
been changed for analyzing the Zero/P2 Alternative. This regulatory 
option was analyzed for each sample facility as part of two separate 
compliance approaches: (1) Zero discharge and (2) pollution prevention 
in combination with treatment followed by discharge (see Section 
IV.A.1). Facilities were assumed to adopt the compliance approach with 
the lower total annualized compliance cost including both annual 
operating and maintenance costs and an annual allowance for capital 
outlays. Although most facilities were estimated to achieve compliance 
by pollution prevention and treatment, some were estimated to comply by 
zero discharge. Thus, the combination of the analyses for the two 
separate compliance approaches yields the aggregate analysis for the 
final regulation for Subcategory C facilities. EPA believes this 
methodology provides a realistic appraisal of the costs and impacts of 
the final regulation as it embodies the compliance decision that 
facility management is expected to face in deciding whether to comply 
by zero discharge or by pollution prevention in combination with 
treatment followed by discharge. In addition, because EPA's analysis 
considers both capital and operating costs, EPA believes that the 
findings from the compliance decision analysis will reasonably 
approximate facility managements' findings regarding choice of the less 
financially burdensome compliance approach. In addition, under the 
final rule, facilities will be able to make the choice between zero 
discharge and the P2 Alternative on a product family/process line/
process unit basis, which will give them even more flexibility in their 
compliance choice.
2. Estimated Facility Economic Impacts
a. Subcategory C: PFPR and PFPR/Manufacturers
    The costs and impacts for the final regulation applicable to PSES 
Subcategory C facilities are discussed in this section and are compared 
with the values estimated for the proposed and supplemental notice 
regulations. In addition, the cost and impacts for the final regulation 
are compared with those that EPA estimates would occur if facilities 
were not provided the flexibility to choose the preferred compliance 
approach from the zero discharge and pollution prevention allowable 
discharge alternatives. These comparisons show that the final 
regulation provides a more economical and less financially burdensome 
approach to achieving desired discharge reductions than the proposed, 
and otherwise previously noticed, requirements considered.
    The following comparisons with the proposed regulation are relative 
to the cost and impact values based on the new estimates of the number 
of facilities using only non-272 PAIs. As noted previously, these 
revisions increased the costs and impacts estimated for the proposed 
regulation. The following discussion will show that the costs and 
impacts for the final regulation are substantially less than the 
updated estimates for the proposed regulation. Although this discussion 
will not include comparisons with the values for the proposed 
regulation as originally published, EPA points out that the costs and 
impacts for the final regulation are also markedly less than the 
original estimates of costs and impacts for the proposed regulation.
    Of the 2,018 water-using Subcategory C facilities re-estimated to 
be subject to the regulation at proposal, EPA estimates that 506 
facilities, or 25 percent, including baseline failures, will incur 
costs in complying with the final Subcategory C PSES regulation. Total 
annualized compliance costs for these facilities are estimated at $29.9 
million, in 1995 dollars (see Table 1, below). Excluding baseline 
closures from the cost analysis reduces the number of facilities 
expected to incur costs to 421 facilities and total annual costs to 
$24.2 million, in 1995 dollars. In estimating the costs of the final 
regulation, facilities were assigned to the compliance option--zero 
discharge or the pollution prevention alternative--with the lower total 
annualized compliance cost. From this analysis, 69 percent of the cost-
incurring facilities (including baseline failures) were expected to 
select the P2 Alternative with the remaining 31 percent selecting zero 
discharge.
    No facilities are projected to close under the final regulation. A 
total of 150 possible line conversions (a moderate impact) are 
estimated. EPA does not generally expect that line conversions will 
result in employment losses. However, to be conservative in its 
analysis, EPA estimated the maximum potential employment loss 
associated with the regulation by assuming that all PFPR employment 
would be lost in facilities with line conversions. From this 
assumption, the upper bound employment loss for the final regulation is 
estimated at 458 full-time employment positions (FTEs).

[[Page 57535]]



            Table 1.--Estimated Costs and Impacts of the Final, Proposed and Supplemental Notice PSES Regulation for Subcategory C Facilities           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Total                                                           
                                                                      Number of      annualized                                       Maximum potential 
                                                                     facilities      compliance    Severe  impacts     Moderate        employment loss  
                                                                      incurring     cost ($1995,               impacts *        
                                                                        costs         millions)                                                         
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed Regulation..............................................           1,142           $71.9                3             327                890   
Supplemental Notice..............................................             709            43.4                0             208                634   
Final Regulation--Costs Including Baseline Closures..............             506            29.9                0             150                458   
Final Regulation--Costs Excluding Baseline Closures..............             421            24.2                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Severe impacts are defined as facility closures. All facility employment is assumed to be lost as the result of a facility closure.            
* Moderate impacts are defined as line conversions and/or total annual compliance costs exceeding 5 percent of total facility revenue. EPA does not     
  expect that employment losses would generally accompany line conversions; however, for this analysis, EPA assessed the maximum potential loss based on
  the assumption that all employment associated with PFPR activities would be lost as a result of a line conversion.                                    
 Employment loss for the proposed regulation includes the estimated employment loss in facility closures and the worst case estimate of 
  employment loss in facilities with line conversions. The reported employment loss for the Supplemental Notice and Final Regulation reflects no        
  facility closures and includes only the worst case employment loss in facilities with line conversions.                                               

    In addition to presenting the estimated costs and impacts for the 
final regulation, Table 1 also presents the comparable values for the 
proposal (re-estimated) and the supplemental notice. As shown in the 
table, the expected burden of the regulation has fallen considerably 
from proposal through supplemental notice to the final regulation. From 
proposal (re-estimated) to final, the number of Subcategory C 
facilities expected to incur costs has fallen from 1,142 to 506 
facilities, or 56 percent 20. This can be attributed to the 
reduction in scope of certain PAIs and wastewater sources as well as to 
the addition of the P2 Alternative as a compliance option to zero 
discharge. The estimated drop in total annual compliance cost, from 
$71.9 million to $29.9 million ($1995), represents an even greater 
reduction from proposal, at 58 percent. As noted above, no severe 
impacts are assessed for the final regulation while 3 facility closures 
were estimated for the proposed regulation. Finally, the number of 
moderate impacts and potential employment losses are also substantially 
reduced from proposal, falling by 54 percent and 49 percent, 
respectively. In summary, under the final regulation, the number of 
facilities estimated to incur costs, the expected cost, and the 
facility impacts are considerably less than estimated for the proposed 
regulation.
---------------------------------------------------------------------------

    \20\ All comparisons with the proposed regulation and 
supplemental notice are based on the analyses including baseline 
closures.
---------------------------------------------------------------------------

    EPA also believes that the final regulation is superior to the 
other options considered because of the flexibility it provides to 
facilities in deciding how to achieve compliance. In particular, by 
allowing facilities to choose the less expensive compliance approach--
the pollution prevention alternative or zero discharge--the regulation 
achieves substantial pollution reductions but at substantially lower 
costs and economic impacts than would occur if the regulation allowed 
compliance by only one of the possible approaches.21 Moreover, EPA 
notes that, by encouraging consideration and use of pollution 
prevention as a compliance approach, the final regulation will reduce 
the potential for cross-media impacts that would occur under a strict 
zero discharge requirement. The regulation achieves these benefits with 
only a very modest reduction in the expected pollutant removals that 
would be achieved under a zero discharge regulation. Specifically, EPA 
estimates that the final regulation will remove 189,908 pounds or 98.5 
percent, of the estimated 192,789 pounds of pollutant discharges 
subject to control by the final regulation (assuming zero removals by 
POTWs currently--see Cost-Effectiveness Analysis in Section V.D.6). EPA 
estimates that only 2,881 pounds, or about 1.5 percent of the pollutant 
loadings subject to the final regulation will continue to be discharged 
to POTWs.
---------------------------------------------------------------------------

    \21\ EPA has worded the final regulation to allow facilities to 
make the choice between zero discharge and the pollution prevention 
alternative on a product family/process unit/process line basis (as 
opposed to a full facility basis). However, EPA could not estimate 
costs on this basis.
---------------------------------------------------------------------------

Finding of Economic Achievability

    The final regulation achieves substantial reductions in harmful 
pollutant discharges at very modest economic burden to the PFPR 
industry. Under a conservative assumption that facilities will recover 
none of their compliance costs through price increases, the regulation 
is estimated to impose no severe impacts (i.e., facility closures), 150 
moderate impacts (i.e., line conversion or annualized compliance cost 
exceeding 5 percent of facility revenue), and a worst-case employment 
loss of 458 FTEs. In addition, the final regulation provides industry 
with considerable latitude in deciding how to comply with the 
regulation--that is, by zero discharge or pollution prevention and 
treatment. In this regard, EPA's analyses of the selected compliance 
approach may overstate compliance costs because the analyses assume 
application of one approach throughout the facility instead of a more 
customized choice of compliance approach by PFPR line. Also, EPA 
estimates that a relatively small fraction--25 percent--of the 
facilities potentially subject to the proposed regulation are likely to 
incur costs in complying with the final regulation. That such a small 
fraction of the industry is expected to incur costs reflects in large 
part EPA's decision to exclude additional PAIs and wastestreams from 
coverage under the final regulation. Finally, EPA notes that the 
aggregate costs and impacts estimated for the final regulation are 
substantially less than those estimated for the proposed regulation, 
both as analyzed for the original proposal and as analyzed on the basis 
of the higher estimate of non-272 PAI-using facilities. In light of 
these very modest impacts estimated for the final regulation, EPA finds 
that the final PSES regulation for Subcategory C facilities is 
economically achievable.
b. Subcategory E: Refilling Establishments
    The regulatory approach and costing methodology for Subcategory E 
facilities is unchanged from that presented at proposal with the 
exception that storm water is no longer considered a process wastewater 
subject to this regulation. The analysis of costs, loadings, and 
economic methodology at proposal stands as previously presented.

[[Page 57536]]

    EPA is establishing BPT and BAT regulations for Subcategory E 
facilities set to zero discharge (equivalent to PSES). EPA's survey of 
the PFPR industry indicated that no Subcategory E facilities are direct 
dischargers. Accordingly, EPA estimates that the Subcategory E portion 
of the PFPR industry will incur no costs for complying with the BPT or 
BAT requirements.
4. Regulatory Effects Not Re-Estimated
    Because the aggregate compliance costs and facility impacts 
estimated under the final regulation are substantially less than those 
estimated for the regulation as presented at proposal, EPA did not re-
evaluate the following economic measures for the final regulation: 
community impacts, foreign trade effects, impacts on firms owning PFPR 
facilities, the direct economic benefits to facilities of pollution 
prevention practices, and the labor requirements. The analysis of these 
additional impact categories depends on the estimated aggregate costs 
for the regulation and on the results of the facility impact analysis. 
With the final regulation estimated to impose aggregate compliance 
costs that are 56 percent less than originally estimated for the 
proposed regulation and to cause no facility closures (compared to the 
2 closures originally estimated at proposal), EPA concluded that the 
analysis for these additional impact categories under the final 
regulation would find less consequential effects than had been 
originally estimated at proposal. Because EPA had judged the slight 
impacts estimated at proposal for the additional impact categories to 
be consistent with an economically achievable regulation, EPA, 
therefore, concluded that the impacts under the final regulation for 
these additional impact categories would also be found consistent with 
an economically achievable regulation. As a result, EPA decided not to 
expend the resources that would be necessary to re-estimate and re-
document the lower impact levels for these additional impact 
categories.
5. Impacts of Pretreatment Standards for New Sources (PSNS) and New 
Source Performance Standards (NSPS)
a. Subcategory C: PFPR and PFPR/Manufacturers
(1) PSNS
    EPA is setting PSNS (Pretreatment Standards for New Sources) for 
Subcategory C facilities equal to PSES limitations for existing 
sources. In general, EPA believes that new sources will be able to 
comply at costs that are similar to or less than the costs for existing 
sources, because new sources can apply control technologies and P2 
practices (including dedicated lines and pressurized hoses for 
equipment cleaning) more efficiently than sources that need to retrofit 
for those technologies and P2 practices. As a result, given EPA's 
finding of economic achievability for the final PSES regulation for 
Subcategory C facilities, EPA also finds that the PSNS regulation will 
be economically achievable and will not constitute a barrier to entry 
for new sources.
(2) NSPS
    EPA has established NSPS limitations equivalent to the limitations 
that are established for BPT and BAT. BPT and BAT limitations allow 
facilities to use the Zero/P2 Alternative and were found to be 
economically achievable; therefore, NSPS limitations will not present a 
barrier to entry for new facilities.
b. Subcategory E: Refilling Establishments
    EPA is setting NSPS/PSNS for Subcategory E facilities equal to BAT/
PSES limitations for existing sources. EPA estimates that compliance 
with BAT/PSES will impose no costs on existing facilities. Likewise, 
new facilities are not expected to incur additional annual costs due to 
the regulation. Because EPA found compliance with the final regulation 
to be economically achievable for existing facilities, EPA determined 
that compliance with NSPS/PSNS will also be economically achievable and 
not a barrier to entry for new sources.
6. Cost-Effectiveness Analysis
    EPA also performed a cost-effectiveness analysis of the final PSES 
regulation for Subcategory C facilities. (A more detailed discussion 
can be found in the final Cost-Effectiveness Analysis (September 1996) 
[EPA-821-R-96-018]. The cost-effectiveness analysis compares the total 
annualized cost incurred for a regulatory option to the corresponding 
effectiveness of that option in reducing the discharge of pollutants.
    Cost-effectiveness calculations are used during the development of 
effluent limitations guidelines and standards to compare the efficiency 
of one regulatory option in removing pollutants to another regulatory 
option. Cost-effectiveness is defined as the incremental annual cost of 
a pollution control option in an industry subcategory per incremental 
pollutant removal. The increments are considered relative to another 
option or to a benchmark, such as existing treatment. In cost-
effectiveness analysis, pollutant removals are measured in toxicity 
normalized units called ``pounds-equivalent.'' The cost-effectiveness 
value, therefore, represents the unit cost of removing an additional 
pound-equivalent (lb eq.) of pollutants. In general, the lower the 
cost-effectiveness value, the more cost-efficient the regulation will 
be in removing pollutants, taking into account their toxicity. While 
not required by the Clean Water Act, cost-effectiveness analysis is a 
useful tool for evaluating regulatory options for the removal of toxic 
pollutants. Cost-effectiveness analysis does not analyze the removal of 
conventional pollutants (e.g., oil and grease, bio-chemical oxygen 
demand, and total suspended solids).
    For the cost-effectiveness analysis, the estimated pounds-
equivalent of pollutants removed were calculated by multiplying the 
number of pounds of each pollutant removed by the toxic weighting 
factor for each pollutant. The more toxic the pollutant, the higher 
will be the pollutant's toxic weighting factor; accordingly, the use of 
pounds-equivalent gives correspondingly more weight to pollutants with 
higher toxicity. Thus, for a given expenditure and pounds of pollutants 
removed, the cost per pound-equivalent removed would be lower when more 
highly toxic pollutants are removed than if pollutants of lesser 
toxicity are removed. Annual costs for all cost-effectiveness analyses 
are reported in 1981 dollars so that comparisons of cost-effectiveness 
may be made with regulations for other industries that were issued at 
different times.
a. Subcategory C: PFPR and PFPR/Manufacturers
    Table 2 provides estimates of the total annualized compliance 
costs, in 1981 dollars, the total pollutant removals in pounds and 
pounds-equivalent, and the cost-effectiveness of the final PSES 
regulation for Subcategory C facilities with estimates of various POTW 
removals. EPA has estimated the pollutant removals and the cost-
effectiveness value for the final rule using the same methodology as 
used in the proposed rule and supplemental notice (and the Pesticide 
Manufacturing effluent guideline). This methodology assumes that all 
PAIs pass through the POTW (i.e., no removal by the POTW), as there is 
little field data on the effectiveness of POTWs removing PAIs.
    However, EPA has developed laboratory estimates for the percent

[[Page 57537]]

removals of a large number of pollutants (including some PAIs) which 
were published in the Domestic Sewage Study (DSS), February 1986 [EPA/
530-SW-86-004]. For each pollutant studied, two estimates were 
developed, an ``acclimated'' removal percentage, which might be 
achieved by a well-run treatment facility with a constant flow rate of 
the pollutant in question, and an ``unacclimated'' removal percentage, 
adjusted to account for the slug loadings and batch discharges which 
POTWs experience in everyday operation. While the unacclimated removals 
were intended to more accurately reflect real world operating 
conditions, a limited amount of test data on non-PAI pollutants 
indicates that POTWs may achieve or even exceed the acclimated removal 
estimates in practice. Thus it is not clear whether the acclimated or 
unacclimated estimates more accurately represent the removal 
percentages achieved in practice for PAIs. EPA has thus developed a 
range of cost-effectiveness and total removals using three different 
assumptions about the removal efficiency of POTWs: zero removals (this 
most conservative estimate is included because of the lack of actual 
data), unacclimated removals (which range from 30% to 90% and average 
48%), and acclimated removals (which range from 80% to 95%).
    Using this range of POTW removals, EPA has estimated the range of 
removal to be between 18,991 and 189,908 pounds of pollutants, or 
760,000 to 7.6 million toxic pounds-equivalent with cost-effectiveness 
ranging from $2.74 to $27.35 per pound-equivalent when compliance costs 
are held constant at $20.9 million 22 in 1981 dollars. EPA 
considers even the high end of this range to be cost effective. In 
order to be consistent with the proposed rule and supplemental notice 
(and because of the lack of actual POTW removal data for PAIs), EPA is 
presenting the cost-effectiveness and total removals for the final rule 
as $2.74 per pound-equivalent and 189,908 pounds or 7.6 million pounds-
equivalent, respectively.
---------------------------------------------------------------------------

    \22\ EPA believes that if POTWs are removing PAIs, the cost of 
compliance of the industry would be lower than $20.9 million ($1981) 
due to the reduction in operating and maintenance costs associated 
with the treatment system used to pretreat PFPR wastewaters prior to 
discharge to the POTW.

Table 2.--National Estimates of Total Annualized Costs, Removals and Cost-Effectiveness Values for Subcategory C
                                   PSES Facilities Under the Final Regulation                                   
----------------------------------------------------------------------------------------------------------------
                                         Total                                                                  
                                      annualized                                                                
                                      compliance       Pollutant    Pollutant removals, (pounds-       Cost-    
   POTW removal assumption used          costs         removals,             equivalent)           effectiveness
                                     (millions of       pounds                                      ($/lb.-eq.) 
                                       $, 1981)                                                                 
----------------------------------------------------------------------------------------------------------------
No POTW Removals..................           $20.9         189,908  7.6 million.................           $2.74
POTW Removals per DSS.............            20.9         165,460  5.8 million.................            3.60
90 Percent Removal Efficiency.....            20.9          18,991  760,000.....................           27.35
----------------------------------------------------------------------------------------------------------------
Notes:                                                                                                          
1. Includes estimated baseline failures.                                                                        
2. Toxic weighting factors used in the analyses reflect more recent toxicological information and are generally 
  lower than the factors used at proposal and supplemental.                                                     

    EPA has also estimated the removals, annual compliance cost, and 
cost-effectiveness excluding baseline closures (when zero removal at 
POTWs is assumed). Excluding estimated baseline failures lowers the 
costs and removals to $17.1 million ($1981) and 156,592 pounds (5.8 
million pounds-equivalent). The cost-effectiveness value excluding 
baseline failures is $2.93 per pound-equivalent, which EPA considers to 
be cost-effective.
    The cost-effectiveness value (assuming no POTW removal) for the 
final regulation is not directly comparable to the values presented in 
the previous Federal Register notices for the proposed regulation and 
the supplemental notice for two reasons. First, the scope of the 
regulation has changed with fewer PAIs and waste streams covered under 
the final regulation. As a result, the baseline pollutant discharges 
and pollutant removals estimated for the final regulation are lower 
than the values estimated for the proposed regulation. Second, the 
toxic weighting factors (TWFs) used by EPA for calculating the cost-
effectiveness of the final regulation reflect more recent toxicological 
data and, in general, are lower than the values used for the proposal 
and supplemental notice analyses. To provide a consistent comparison of 
the proposed, supplemental, and final regulations, EPA re-calculated 
the toxic-weighted baseline discharges, pollutant removals, and cost-
effectiveness values for the proposed and supplemental notice 
regulations using the more recent toxic weighting factors (see Table 
3).23 The calculations for the final regulation also embody the 
changes in regulatory scope.
---------------------------------------------------------------------------

    \23\ The re-calculated cost-effectiveness values for the 
proposed regulation also reflect the updated estimates of the number 
of facilities using non-272 PAIs.

  Table 3.--Estimated Cost-Effectiveness of the Final PSES Regulation for Subcategory C Facilities Compared with
                                the Proposed and Supplemental Notice Regulations                                
         [All toxic-weighted values based on toxic weighting factors developed for the Final Regulation]        
----------------------------------------------------------------------------------------------------------------
                               Proposed regulation: Zero   Supplemental notice: Zero    Final regulation: Zero  
                               discharge with sanitizer       discharge/pollution         discharge/pollution   
                               exemption (Option 3/S.1)     prevention alternative      prevention alternative  
----------------------------------------------------------------------------------------------------------------
Total Annualized Cost, $1981  $64.1 million.............  $32.7 million.............  $20.9 million.            
Pollutant Discharges Subject  505,235...................  337,995...................  192,789.                  
 to Regulation, pounds.                                                                                         
Pollutant Loadings Subject    23.2 million..............  15.4 million..............  7.7 million.              
 to Regulation, pounds-                                                                                         
 equivalent.                                                                                                    
Pollutant Removals, pounds..  503,114...................  333,731...................  189,908.                  

[[Page 57538]]

                                                                                                                
Pollutant Removals, pounds-   23.2 million..............  15.3 million..............  7.6 million.              
 equivalent.                                                                                                    
Cost-Effectiveness..........  $2.77/lb-eq...............  $2.14/lb-eq...............  $2.74/lb-eq.              
----------------------------------------------------------------------------------------------------------------
 AAACost-effectiveness analysis is conventionally calculated on an incremental basis: that is, the costs and    
  removals of a given option are calculated as the differences from the values for the next less stringent      
  option. At proposal, the cost-effectiveness of Option 3/S.1 was calculated on an incremental basis relative to
  the next less stringent option, Option 3/S. However, the cost-effectiveness values for the supplemental notice
  and final regulations are relative to a next less stringent option of no regulation. To permit consistent     
  comparison of the three regulations, the cost-effectiveness of the proposed regulation has been restated      
  relative to a no-regulation baseline.                                                                         

    The effect of the regulation's reduced scope is seen by the 
reductions in pollutant loadings subject to regulation in pounds and 
pounds-equivalent (see Table 3, lines 2 and 3). These results show the 
pollutant loadings subject to the rule at proposal to be 505,235 
pounds, and on a toxic-weighted basis, 23.2 million pounds-equivalent; 
under the final regulation, the pollutant loadings within the scope of 
the regulation fall to 192,789 pounds and 7.7 million pounds-equivalent 
on a toxic-weighted basis. The cost-effectiveness values of the 
regulations using the current set of weighting factors are: $2.77 per 
pound-equivalent for the proposed regulation, $2.14 per pound-
equivalent for the supplemental notice, and $2.74 per pound-equivalent 
for the final regulation. The cost-effectiveness value for the final 
regulation is low in relation to the values calculated for other 
effluent limitations guidelines and standards recently promulgated by 
EPA.
b. Subcategory E: Refilling Establishments
    Estimates of compliance costs and pollutant removals associated 
with Subcategory E facilities have not changed since the proposed 
regulation. EPA believes that the final regulation can be implemented 
at a minimal cost (i.e., a capital investment of approximately $500 for 
a mini-bulk tank to store water for reuse) at the 19 facilities not 
currently in compliance. Therefore, EPA determines the final regulation 
to be cost-effective for Subcategory E facilities.

E. Regulatory Flexibility Act

    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. EPA analyzed the potential impact of the rule on both small 
businesses and small local governments.
    Under the Regulatory Flexibility Act, an agency is not required to 
prepare a regulatory flexibility analysis for a rule that the agency 
head certifies will not have a significant economic impact on a 
substantial number of small entities. While the Administrator has so 
certified today's rule, the Agency nonetheless prepared a regulatory 
flexibility assessment equivalent to that required by the Regulatory 
Flexibility Act as modified by the Small Business Regulatory 
Enforcement Fairness Act of 1996. The assessment for this rule is 
detailed in the ``Economic Analysis of Final Effluent Limitations 
Guidelines and Standards for the Pesticide Formulating, Packaging, and 
Repackaging Industry'' [EPA-821-R-96-017].
    EPA received many comments regarding the rule (see Section 15.6 of 
the technical record and Section IV in the economic record for the 
rulemaking). A number of commenters raised issues concerning small 
business impacts and the need to reduce the regulation's burden on 
small businesses. Specifically, as a way of reducing possible adverse 
impacts on smaller businesses, some commenters requested that EPA 
broaden its exemption from the regulation to include all small 
businesses. In addition, some commenters argued that EPA did not need 
to regulate the discharges of small PFPR businesses because the 
pollutant discharges of such facilities were not likely to have a 
consequential environmental impact.
    EPA disagrees with this claim and believes it is inappropriate to 
set small-business and/or small-production exemptions for all small 
businesses and/or production volumes because of the substantial 
toxicity of many of the PAIs. The size of the business and/or the 
volume of PAIs processed annually are not a sufficient basis for 
determining that a facility should be exempted from regulation. Because 
of the high toxicity of many of the PAIs, the processing of even very 
small quantities of such PAIs can result in pollutant discharges of 
substantial toxicity. In addition, small business size does not 
necessarily equate with small pesticide production volume, particularly 
in terms of toxicity. Some small-business PFPR facilities process a 
substantial volume of PAIs and have the potential to discharge 
substantial volumes of toxic pollutants unless discharges are limited 
by the PFPR regulation. (see the Comment Response Documents in the 
rulemaking record for more information on these comments and EPA's 
response to them.)
    Taking into account commenters'' concerns regarding possible 
impacts on small entities, EPA introduced the Zero/P2 Alternative 
Option and made numerous changes to the rule designed to reduce the 
burden upon all PFPR facilities, particularly small business entities. 
As previously discussed, the final rule expands the sanitizer exemption 
to exempt additional lower toxicity PAIs from regulatory coverage and 
gives facilities a Zero/P2 compliance choice on a line by line or 
process by process basis.
    The factual analysis and basis for the ``no significant impact'' 
certification is contained in Chapter 4 of the final EA report 
referenced previously and is summarized below.
1. Analysis of Impacts on Small Business Entities
    To gauge the impact of the final regulation on small business, EPA 
analyzed the impact of the final regulation on Subcategory C facilities 
according to the business size of the owning firms and compared the 
findings for the final regulation with those for the proposed 
regulation. Given the large presence of small business-owned entities 
in the PFPR industry, EPA exercised substantial care at proposal and 
throughout development of the final regulation, to ensure that the

[[Page 57539]]

final regulation would not impose a significant impact on a substantial 
number of small business-owned facilities. This effort results in the 
modest incurrence of both costs and impacts by small business entities 
under the final regulation.
    EPA estimates that 1,513 (75.0 percent) of the 2,018 PFPR 
facilities potentially subject to a Subcategory C PSES regulation are 
owned by small entities. Of the 506 facilities estimated to potentially 
incur compliance costs under the final rule (including baseline 
failures), 357 (70.6 percent) are estimated to be owned by small 
entities. Excluding projected baseline failures, 421 facilities are 
expected to incur costs, of which 274, or 65.1 percent are small 
business-owned facilities.
    No small business-owned facilities are estimated to close as a 
result of regulation. Less than 10 percent of small business-owned 
facilities (137 facilities) are estimated to incur a moderate impact `` 
that is, a line conversion or annualized compliance cost exceeding 5 
percent of facility revenue. The average compliance cost burden among 
small business-owned facilities is also small in relation to facility 
revenue: on average, annualized compliance costs amount to 2.7 percent 
of facility revenue for small business-owned facilities.
    Finally, the number of small business-facilities incurring costs, 
and the numbers of small business-facilities incurring severe or 
moderate impacts are substantially less than estimated for the proposed 
regulation. For the proposed regulation (re-estimated), 859 small 
business-facilities were estimated to incur costs, 3 facilities were 
assessed as potential closures (severe impacts), and 275 facilities 
were assessed as moderate impacts; the comparable values for the final 
regulation are 357 small-business facilities incurring costs, zero 
severe impacts, and 137 moderate impacts. The substantial reduction in 
impacts among small business-owned facilities from proposed to final 
regulation reflects EPA's efforts to moderate the burden of the 
regulation by introducing a new option which gives facilities the two 
compliance alternatives, by reducing the PAIs and wastestreams subject 
to the regulation, and by providing facilities with greater flexibility 
in deciding how to achieve regulatory compliance. In light of these 
findings, EPA certifies that the final regulation does not impose 
significant impacts on a substantial number of small business-owned 
facilities.
2. Analysis of Impacts on Other Small Entities
    In addition to considering the impact of the final regulation on 
small business-owned facilities, EPA also considered the regulation's 
likely effects on two other categories of small entities that will be 
affected by the regulation: (1) Publicly Owned Treatment Works operated 
by small governments, which may be responsible for implementing the 
regulation at the local level; and (2) small communities, which may 
contain businesses that are adversely affected by the regulation. EPA 
concluded that the final regulation would not impose significant 
impacts on either of these additional small entity categories.
    In the course of developing the final regulation, EPA solicited 
comments on regulatory implementation issues from over 76 POTWs that 
had been identified as receiving PFPR facility discharges. Fifteen of 
these are POTWs are considered small--that is, POTWs that are located 
in smaller jurisdictions (less than 50,000 population) or that are 
small POTWs on the basis of daily treatment volume (less than or equal 
to 1 million gallons per day). Comments were requested on such matters 
as the burden of implementing the pollution prevention/treatment 
alternative element of the regulation. Although small entity POTWs were 
afforded the opportunity to comment on the implementation requirements 
of the proposed regulation, none chose to do so. However, in response 
to the request for comment on the supplemental notice, EPA received 
responses from eight POTWs. Several of these comments indicated that 
POTWs might face modestly higher burdens from administering a 
regulation with the compliance flexibility offered by the P2 
Alternative than from administering a regulation strictly based on zero 
discharge. However, none indicated that such a regulation would be 
expected to impose a significant additional burden beyond the 
requirements that POTWs already face in administering permits and 
compliance programs for industrial facilities. In addition, POTWs also 
indicated that the modest additional burden seemed reasonable given the 
regulation's expected discharge reductions and its innovative 
structure, which gives facilities greater flexibility in designing a 
compliance approach and which encourages use of pollution prevention as 
a compliance method. In view of these responses and given the fact that 
no small entity POTWs responded to the request for comments, EPA 
certifies that the regulation will not impose a significant impact on a 
substantial number of small entity POTWs.
    In addition to the analysis required by the Regulatory Flexibility 
Act, EPA also considered the regulation's effect on small communities 
in which PFPR facilities might be located. Specifically, in the 
community impact analysis performed for the proposed PFPR regulation, 
EPA examined the impact of possible employment losses, including 
multiplier effects, in communities in which PFPR facilities with 
moderate or severe impacts were located. Using the criterion that an 
estimated aggregate employment loss exceeding one percent of community 
employment is significant, EPA found no significant community 
employment impacts for the proposed regulation as originally analyzed. 
At the same time, the final regulation is estimated to have 
substantially fewer facility and employment impacts than those 
estimated for the original proposed regulation. Given that no 
significant community impacts were found among any communities for the 
original proposed regulation--regardless of community size--5and that 
the final regulation's impacts are expected to be substantially less 
than those of the proposed regulation, the final regulation will not 
impose a significant burden on small communities.

VI. 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, 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

[[Page 57540]]

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. Thus, today's rule is not subject to the 
requirements of Sections 202 and 205 of the UMRA.
    Although not subject to the UMRA because the cost of the rule to 
all parties that would be effected is well below $100 million, EPA has 
complied with numerous provisions of the UMRA. Today's rule is the 
least costly, least burdensome alternative that was considered.
    Consistent with the intergovernmental consultation provisions, EPA 
has already initiated consultations with the Publicly Owned Treatment 
Works (POTWs) that will be affected by the rule and sought their input 
as part of the regulation development process. Specifically, after 
publication of the Supplemental Notice (60 FR 30217), EPA solicited 
comments from over 70 POTWs that had been identified as receiving 
discharges from PFPR facilities. This request sought input on several 
aspects of the PSES regulation, including allowance of self-
certification of compliance by PFPR facilities, use of Best 
Professional Judgment to revise or modify the pollution prevention 
practices listed in the Supplemental Notice, and the burden on POTWs 
from administering the pollution prevention compliance alternative as 
part of the regulation proposed in the Supplemental Notice.
    In response to this request, EPA received comments from eight 
POTWs. Four of these included comment on the expected burden to POTWs 
from administering the pollution prevention and treatment compliance 
alternative. The general thrust of these comments is that administering 
the pollution prevention/treatment alternative will impose somewhat 
higher burdens on POTWs than administering a regulation requiring 
compliance strictly by zero discharge. POTWs stated that inspection 
requirements for verification of compliance will be more difficult and 
time-consuming because inspectors will have to review technical plans, 
equipment, and processes to verify that the specified pollution 
prevention and treatment measures have been properly implemented, 
maintained, and operated by PFPR facilities. In contrast, verification 
of compliance with a zero discharge regulation would be more 
straightforward. POTWs also stated that the option of relying on Best 
Engineering Judgment to alter requirements on facilities would 
increase, rather than reduce, implementation burdens. However, at the 
same time, POTWs also noted that the burden of administering the PFPR 
regulation did not seem unreasonable in comparison to requirements for 
other regulations and that the regulation's implementation requirements 
are necessary if the regulation is to be effective.
    In keeping with the provisions to inform, educate, and advise small 
governments, EPA will publish a Guidance Manual prior to the compliance 
deadline of the rule to inform, educate, and advise interested 
facilities, permit writers, and POTWs on pollution prevention processes 
and procedures applicable to the PFPR industry. It will also serve as 
guidance for the implementation of and compliance with the P2 
Alternative requirements.

VII. 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 regulation 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 a ``significant regulatory action.'' As 
such, this action was submitted to OMB for review. Changes made in 
response to OMB suggestions or recommendations will be documented in 
the public record for this rulemaking.

VIII. Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA)

    Under 5 U.S.C. 801(a)(1)(A) as added 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 5 
U.S.C. 804(2).

IX. Paperwork Reduction Act

    The information collection requirements in this rule have been 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44, U.S.C. 3501 et seq. Two separate 
Information Collection Request (ICR) documents have been prepared by 
EPA. Burden estimates for PFPR direct dischargers to comply with their 
NPDES permits and the P2 Alternative are contained in the ``National 
Pollutant Discharge Elimination System (NPDES)/Compliance Assessment/
Certification Information'' ICR (No.1427.05). Burden estimates for 
indirect discharging PFPR facilities to comply with 40 CFR part 403 and 
the P2 Alternative are included in the ``National Pretreatment Program 
(40 CFR part 403)'' ICR (No. 0002.08). The approval of these ICRs is 
still pending; therefore, the information requirements contained in 
this rule are not effective until OMB approves them. A copy of these 
ICRs may be obtained from Sandy Farmer, OPPE Regulatory Information 
Division; U.S. Environmental Protection Agency (2136), 401 M St., NW., 
Washington, DC 20460, by calling (202) 260-2740, or electronically by 
sending an e-mail message to ``[email protected]''.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and

[[Page 57541]]

maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    EPA estimates that each water using facility is expected to spend 
an average of 20 to 60 hours preparing the initial certification 
statement (including brief descriptions) for submittal to the 
permitting/control authority as well as preparing the paperwork to be 
kept on-site (i.e., treatment information, supporting documentation for 
modifications, etc. . .). EPA has estimated less hours for direct 
dischargers than for the indirect dischargers (i.e., 20 hours versus 60 
hours) because the direct dischargers are typically also pesticide 
manufacturers with treatment systems in place that are well documented 
while most indirect dischargers do not have treatment in place and have 
less technical expertise in the area of wastewater treatment. However, 
some indirect dischargers will use less than the 60 hours because they 
are also pesticide manufacturers or they may be able to reuse all of 
their wastewater that would otherwise have to be pretreated prior to 
discharge to the POTW (i.e., interior wastewater sources, floor wash 
and/or leak and spill cleanup water).

    Note: Although most indirect dischargers will not implement the 
P2 Alternative prior to the compliance deadline (3 years following 
promulgation) and; therefore would not be covered by the 
Pretreatment ICR (No. 0002.08) which expires in three years, EPA has 
estimated that approximately ten percent of the 1500 water-using 
PFPR facilities/new facilities (i.e., 150 facilities) would 
implement the P2 Alternative prior to the compliance deadline. 
Therefore, the burden presented in the Pretreatment ICR concerning 
the P2 Alternative is estimated for 150 facilities over the 3 years 
of the ICR. EPA will include burden for the remainder of the water 
using PFPR facilities in the subsequent Pretreatment ICR in 1999.

    Beyond the initial submittal, a PFPR facility is expected to spend 
15 minutes to prepare and sign the periodic certification statement to 
be submitted to the permitting authority once per year and to the 
control authority twice per year. If a facility has made changes in the 
P2 practices they are using or in the choice of zero discharge or P2 
Alternative for a process line/product family that was initially 
specified in the initial certification (or previous period), they must 
provide a brief description with their periodic certification 
statement. EPA assumes that ten percent of facilities will have to 
prepare such a description each year and that the associated burden/
facility is four hours for direct dischargers and 10 hours for indirect 
dischargers. EPA has also included four hours per facility for direct 
dischargers and 10 hours for indirect dischargers for the burden 
associated with a request for approval of modifications where the 
justification is not listed on Table 8 to part 455 of the final 
regulation. Again, EPA has used the assumption that ten percent of 
facilities per year will have to prepare such a request for 
modification.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
    Send comments on the burden estimates and any suggested methods for 
minimizing respondent burden, including through the use of automated 
collection techniques to EPA at the address provided above, with a copy 
to the Office of Information and Regulatory Affairs, Office of 
Management and Budget, 725 17th St., NW., Washington, DC 20503, marked 
``Attention: Desk Officer for EPA.'' Please remember to include the ICR 
number in any correspondence.

X. Water Quality Analysis

    Most of the PAIs being regulated have at least one toxic effect 
(e.g., human health carcinogen and/or systemic toxicant or aquatic 
toxicant). Many of these pollutants have the potential to bioaccumulate 
and persist in the environment. Various studies have demonstrated the 
bioaccumulation of pesticides in aquatic life and accumulation of 
pesticides in sediments. Documented human health impacts at pesticide 
formulating, packaging, and repackaging (PFPR) facilities include 
respiratory disease and impaired liver function, primarily through 
worker exposure.
    For example, 137 of the original 272 PAIs are known to be highly or 
moderately toxic to aquatic life, 25 have carcinogenic effects, 149 are 
known to have systemic or other health effects, 24 have an established 
concentration limit under the Safe Drinking Water Act and 134 have a 
high or moderate potential to bioaccumulate in the environment. (See 
the ``Potential Fate and Toxicity Categorization of Pollutants 
Associated with PFPR Wastewater'' Report; September 1996 in the 
rulemaking record).
    Numerous incidents of groundwater and soil contamination at 
refilling establishments, largely due to spills, are identified in the 
Office of Pesticide Programs proposed ``Standards for Pesticide 
Containers and Containment'' (59 FR 6712, February 11, 1994). Several 
examples cited in the Standards for Pesticide Containers and 
Containment proposed rule are summarized below.
    Based on the 1991 study, ``Report on Wisconsin Pesticide Mixing and 
Loading Site Study,'' an estimated 45 to 75 percent of the commercial 
agrichemical facilities in Wisconsin will require soil remediation and 
29 to 63 percent of these sites potentially exceed the State's 
groundwater standards for pesticides. In the ``Environmental Cleanup of 
Fertilizer and Agricultural Chemical Dealer Sites'' report, the Iowa 
Fertilizer and Chemical Association estimates that 40 to 50 percent of 
refilling establishments in Iowa may require groundwater remediation. A 
1992 letter from the National Agricultural Retailers Association 
(formerly NARA, now ARA) stated that 70 to 80 percent of the detections 
of pesticides in groundwater in Kansas could be traced back to 
refilling establishments. Groundwater contamination by pesticides is 
also documented at numerous refilling establishments in Michigan, 
Minnesota, Illinois, and Utah.
    The water quality benefits of controlling the indirect discharges 
from PFPR facilities are evaluated by modeling the impact of those 
discharges on receiving streams. This model assumes that no additional 
removal occurs at the POTW. EPA believes this to be a valid assumption 
because the PAIs that are still covered by the scope of the final 
pretreatment standards (PSES) are expected to pass-through POTWs. The 
effects of POTW wastewater discharges of 139 PAIs are evaluated at 
current and post-compliance (e.g., zero/P2 Alternative) levels for 85 
indirect discharging PFPR facilities which discharge to 79 POTWs on 77 
receiving streams. Water quality models are used to project pollutant 
instream concentrations based on estimated releases at current and 
zero/P2 Alternative levels; the instream concentrations are then 
compared to EPA published water quality criteria or to documented toxic 
effect levels.
    The instream pollutant concentration for one PAI is projected to 
exceed human health criteria in two receiving streams at current 
discharge levels. Both excursions are projected to be eliminated under 
the zero/P2 Alternative. The number of pollutants with receiving 
streams projected to

[[Page 57542]]

exceed aquatic life criteria or aquatic toxic effect levels would be 
reduced from 21 PAIs in 23 streams at current discharge levels to four 
PAIs in six streams at zero/P2 Alternative levels.
    The potential impacts of these indirect discharging PFPR facilities 
are also evaluated in terms of inhibition of POTW operation and 
contamination of sludge. Potential biological inhibition problems are 
projected to occur for current discharges at four POTWs for three PAIs; 
sludge criteria are unavailable for PAIs. No potential biological 
inhibition problems are projected to occur for the Zero/P2 Alternative 
option. The POTW inhibition values used in this analysis are not, in 
general, regulatory values. They are based upon engineering and health 
estimates contained in guidance or guidelines published by EPA and 
other sources. Thus, EPA is not basing its regulatory approach for 
pretreatment discharge levels upon the finding that some pollutants 
interfere with POTWs by impairing their treatment effectiveness. 
However, the values used in the analysis do help indicate the potential 
benefits for POTW operation that may result from the compliance with 
the final regulation.
    In addition, the water quality benefits of controlling the direct 
discharges from PFPR facilities were evaluated by modeling the impact 
of direct wastewater discharges on receiving stream water quality. 
However, as described in Section IV.C.1 of today's notice, EPA's 
estimates of costs and current pollutant loadings for direct discharges 
did not include pollutant removals for treatment already in place 
(i.e., pesticide manufacturing treatment systems). Therefore, an 
estimate of the water quality impacts resulting from current direct 
discharges would result in an overestimation of the current water 
quality impacts because these facilities do have treatment in place and 
are already meeting zero discharge or zero allowance (i.e., no 
additional discharge allowance in the pesticide manufacturers' 
limitations for PFPR wastewaters). Thus, EPA is presenting only those 
water quality impacts associated with the final rule.
    Seventeen (17) direct discharging PFPR facilities, which discharge 
61 PAIs to 16 receiving streams, were evaluated. Water quality models 
are used to project pollutant instream concentrations based on 
estimated releases at post-compliance (e.g., zero/P2 Alternative) 
levels; the instream concentrations are then compared to EPA published 
water quality criteria or to documented toxic effect levels where EPA 
water quality criteria are not available for certain PAIs. The zero/P2 
Alternative option is projected to result in aquatic life exceedances 
of three PAIs in two receiving streams. No exceedances of human health 
criteria are projected to occur for the zero/P2 Alternative option.

XI. Non-Water Quality Environmental Impacts

    The elimination or reduction of one form of pollution may create or 
aggravate other environmental problems. Therefore, Sections 304(b) and 
306 of the Act call for EPA to consider the non-water quality 
environmental impacts of effluent limitations guidelines and standards. 
Accordingly, EPA has considered the effect of these regulations on air 
pollution, solid waste generation, and energy consumption. As discussed 
throughout today's notice, EPA selected to promulgate the Zero/P2 
Alternative option due to the cross-media impacts that could occur 
under a zero discharge regulation due to contract hauling to off-site 
incineration of potentially large volumes of non-reusable wastewaters.
    EPA has estimated the non-water quality impacts associated with the 
selected option, i.e., the Zero/P2 Alternative, as well as a zero 
discharge option. As discussed previously in this notice, under the 
Zero/P2 Alternative, facilities will be able to choose between 
complying with zero discharge or the P2 Alternative on a line-by-line 
basis. However, for the purposes of estimating compliance costs and 
non-water quality impacts, EPA has assumed that a facility will choose 
between these compliance options on a whole-facility basis. Therefore, 
the non-water quality estimates for the Zero/P2 Alternative represent 
those cross-media impacts associated with a percentage of the 
facilities choosing to comply with the P2 Alternative and others 
choosing to comply with zero discharge.
    EPA has used the assumption that, under the zero discharge option, 
facilities would recycle and reuse some wastewaters while hauling the 
remaining wastewaters off-site for incineration. Under the P2 
Alternative portion of the Zero/P2 Alternative, some facilities may be 
able to avoid the need for wastewater treatment by comprehensively 
applying source reduction practices to all their wastewater sources; 
however, it is more likely that, following the use of recycle and reuse 
practices, facilities will need to employ some pollution control 
treatment technologies prior to discharging their wastewaters.
    There are some cross-media impacts that are associated with the 
Zero/P2 Alternative and its use of a wastewater treatment system that 
are not associated with a zero discharge option since treatment is not 
utilized under the zero discharge option. These cross-media impacts 
include sludge generation and energy consumption and air emissions of 
criteria air pollutants 24 from the trucks that transport spent 
activated carbon for regeneration. However, the zero discharge option 
relies heavily on the contract hauling of wastewater for incineration 
which significantly increases the cross-media impacts due to air 
emissions of criteria air pollutants from the trucks that transport the 
wastewater to incineration and from the incineration of the wastewater 
itself.
---------------------------------------------------------------------------

    \24\ Criteria air pollutants include: Volatile organic compounds 
(VOCs), nitrogen oxides (NOx), sulfur dioxide (SO2), particulate 
matter (PM) and carbon monoxide (CO). Criteria air pollutants can 
injure health, harm the environment and cause property damage.
---------------------------------------------------------------------------

    EPA believes that selecting the Zero/P2 Alternative option will 
minimize these cross-media impacts, overall, as compared to the zero 
discharge option. In particular, the Zero/P2 Alternative has a 
significantly lower cross-media impact on air emissions of criteria air 
pollutants than the zero discharge option while still preventing the 
discharge of 98.5 percent of the pesticide active ingredients (PAIs) 
from being discharged to the water. The following sections present the 
estimates for air emissions, solid waste generation and energy 
consumption for the final rule.

A. Air Pollution

    For the purpose of preparing a cross-media impact analysis, the air 
pollution effects are divided into two separate types of air emissions 
generated as a result of the final rule. First, there are air emissions 
estimated for the Zero/P2 Alternative based on the treatment of 
wastewater through a treatment system, such as the Universal Treatment 
System, discussed in Section II.E. of today's preamble. These emissions 
consist mainly of volatile priority pollutants. EPA does not anticipate 
that there will be any significant losses of PAIs into the atmosphere 
under the Zero/P2 alternative, because most PAIs have low volatility. 
The second type of air emissions are those generated from the transport 
(i.e., air emissions from the trucks' exhaust and gasoline) of both 
wastewater and spent activated carbon as well as emissions from the 
incineration of wastewater that is hauled off-site for disposal. 
Estimates of both types of air emissions are presented on Table 4 of 
today's preamble for the Zero/P2 Alternative and for zero discharge. As 
seen on Table

[[Page 57543]]

4, the emissions for criteria air pollutants from the transport of 
wastewaters and spent activated carbon and from the incineration of the 
non-reusable wastewaters under the zero discharge option would create a 
significant cross-media impact as compared to the Zero/P2 Alternative.

                                Table 4: Criteria Air Pollutant Emissions (lb/yr)                               
----------------------------------------------------------------------------------------------------------------
                Emission source                      VOCs         NOx           PM           CO          SO2    
----------------------------------------------------------------------------------------------------------------
Wastewater Transportation:                                                                                      
    Zero/P2 Alternative........................       14,720      121,200        6,800      175,400  ...........
    Zero Discharge.............................       87,600      720,000       40,400    1,044,000  ...........
Wastewater Incineration:                                                                                        
    Zero/P2 Alternative........................            5        1,838           10          133            2
    Zero Discharge.............................          264       94,600          530        6,880          106
Spent Activated Carbon Transportation:                                                                          
    Zero/P2 Alternative........................        1,692       13,920          780       20,200  ...........
    Zero Discharge.....................           NA           NA           NA           NA  ...........
Wastewater Treatment:                                                                                           
    Zero/P2 Alternative........................       84,700           NA           NA           NA           NA
    Zero Discharge.............................       52,500           NA           NA           NA           NA
----------------------------------------------------------------------------------------------------------------
NA=not applicable                                                                                               
a: EPA estimates that under the Zero/P2 Alternative 69% of facilities incurring costs will choose the P2        
  Alternative and 31% will choose to comply with zero discharge.                                                
 There is no wastewater treatment system used under the zero discharge option and, therefore, no spent  
  activated carbon to transport for regeneration.                                                               
 Air emissions estimates from wastewater treatment include only volatile priority pollutants.                   

    EPA also estimates the reduction of volatile priority pollutants 
emissions that would occur under the Zero/P2 Alternative and under zero 
discharge. EPA estimates that in addition to the 192,789 lbs of PAIs 
that are currently (i.e., prior to today's regulation) being discharged 
to water, 381,000 pounds of volatile priority pollutant are currently 
emitted when wastewater is discharged to POTWs or are emitted to the 
air from the wastewater treatment process at the POTWs. EPA estimates 
that under the Zero/P2 Alternative, the air emissions from wastewater 
reuse, treatment and discharge to POTWs will be reduced to 84,700 
pounds of volatile priority pollutants. This means that implementing 
the Zero/P2 Alternative will reduce air emissions of volatile priority 
pollutants from wastewater reuse, treatment and discharge by 296,300 
pounds annually. In addition, the remaining emissions are localized and 
in many cases may be more likely to be captured and treated by the UTS. 
The loss of priority pollutants to the atmosphere is likely to occur 
during reuse of wastewater and particularly from the emulsion breaking, 
hydrolysis, and/or chemical oxidation treatment steps where the 
addition of heat is likely to promote their release 25. It is also 
possible that some emissions of priority pollutants could occur during 
the cleaning of equipment or containers, particularly if high-pressure 
cleaning or steam cleaning is used. Under the zero discharge option, 
52,500 pounds of volatile priority pollutants are expected to be 
emitted during the recycle and reuse of wastewaters.
---------------------------------------------------------------------------

    \25\ EPA believes that use of closed vessels in the treatment 
system will additionally control the release of volatile priority 
pollutants to the air and, therefore; has used the costs associated 
with closed vessels when estimating costs for the regulation. 
However, for the analysis of the air pollution emissions estimates 
for this rule, estimates on volatile priority pollutant emissions 
from closed vessels were not available. Therefore, the volatile 
priority pollutant emissions estimate assumes the use of open 
vessels during treatment which may overestimate the emissions.
---------------------------------------------------------------------------

B. Solid Waste

    EPA estimates that under the Zero/P2 Alternative there will be 
856,000 pounds of sludge generated from emulsion breaking and sulfide 
precipitation treatment annually. EPA has assumed that the sludge 
generated via emulsion breaking and sulfide precipitation will be 
hauled to hazardous waste incinerators. In addition to the sludge 
generated, treatment of wastewater through the Universal Treatment 
System will generate 3,830,000 pounds annually of spent activated 
carbon. It is assumed that the activated carbon will be sent off-site 
for regeneration, which means that it is reused and would not become a 
waste. See Section XI.A. for the estimate of air emissions from 
transporting the spent activated carbon for regeneration and from the 
hauling of wastewater/sludge to incineration as well as the air 
emissions associated with incineration.
    EPA believes the Zero/P2 Alternative is consistent with the goals 
established for EPA's Hazardous Waste Minimization and Combustion 
Strategy (November, 1994). This draft combustion strategy establishes 
the goal of a strong preference for source reduction over waste 
management, thereby reducing the long-term demand for combustion and 
other waste management facilities. In addition, the strategy states 
that combustion does have an appropriate role and that EPA wants to 
ensure that combustion facilities (such as incinerators and boilers and 
industrial furnaces (BIFs)) are designed in a manner to protect public 
health.

C. Energy Requirements

    EPA estimates that compliance with the final regulation will 
increase energy consumption by a small increment over present industry 
use. The main energy requirement is the generation of steam that is 
used in the wastewater treatment system to accomplish emulsion breaking 
and hydrolysis. Steam provides the heat energy to assist with the 
separation of emulsified phases and increases the rate at which active 
ingredients hydrolyze. It is estimated that about 6.28 x 10\7\ pounds 
per year of steam would be required by the Universal Treatment System. 
This would require approximately 13,581 barrels of oil annually. This 
is, relatively, very small compared to the 18 million barrels per day 
that the United States currently consumes.
    Additionally, EPA estimates that the operation of the Universal 
Treatment System will consume 811,000 kilowatt hours per year. This is 
expended by the pumps and agitators used in treatment and associated 
with the storage of water until it can be reused.

[[Page 57544]]

XII. Regulatory Implementation

    The purpose of this section is to provide assistance and direction 
to permit writers and control authorities to aid in their 
implementation of this regulation and its unique compliance 
alternative. This section also discusses the relationship of upset and 
bypass provisions, variances and modifications, and analytical methods 
to the final limitations and standards.

A. Implementation of the Limitations and Standards

1. Pesticide Formulating, Packaging and Repackaging (Subcategory C)
     Each PFPR facility subject to this regulation will need to make an 
initial choice on either a facility-wide basis or on a process basis 
(i.e., product family/process line/process unit). They will need to 
choose to either comply with the zero discharge effluent limitation/
pretreatment standard or choose to agree to conduct the listed 
pollution prevention practices (or a variation of the listed practices 
based on self-implemented modifications or those agreed to by the 
permit/control authority) and also agree to make the practices and the 
pollution prevention discharge allowance enforceable (see Sec. 455.41 
of the final rule for the definition of P2 allowable discharge). 
However, beyond this initial choice, much of the continued 
implementation of the Zero/P2 Alternative will differ for direct and 
indirect dischargers.

Direct Dischargers

    For direct dischargers, the Zero/P2 Alternative will be implemented 
through the NPDES permitting process. For each new or existing direct 
discharging facility, the facility would need to make the initial 
choice at the permitting stage or at the time for permit modification 
or renewal, respectively. Facilities that do not choose the P2 
Alternative (or zero discharge) for the facility in its entirety will 
be required to clearly state in their NPDES permit each product family, 
process unit or process line and the option selected for each. For 
those processes for which a direct discharge facility chooses the P2 
Alternative over the zero discharge limitation, the permitting 
authority would include all of the P2 practices and any specified 
treatment technologies in the facility's NPDES permit. The definition 
of P2 allowable discharge for direct dischargers requires the 
appropriate treatment of all process wastewater prior to discharge. 
Therefore, permit writers may want to include in the permit the method 
chosen by the facility to demonstrate that the treatment system: (1) Is 
appropriate for the PAIs in their process wastewaters (that are not 
also being manufactured); and (2) is properly operated and maintained; 
or the permit writer can set numerical limitations based on BPJ for any 
additional PAIs, as necessary.
    Today's final regulations do not require facilities to submit all 
of the necessary compliance paperwork to the NPDES permit writer, but 
instead require the facility choosing the P2 Alternative to keep the 
paperwork on-site and available for the permitting authority and 
enforcement officials. However, EPA is requiring the submittal of an 
initial certification statement at the time of issuance, renewal, or 
modification of an NPDES permit for direct dischargers. In addition, as 
suggested by a commenter, EPA is also requiring the submittal of a 
periodic certification statement to be submitted every year to the 
NPDES permit writer. The pollution prevention practices and treatment 
technologies included in such a NPDES permit would be enforceable under 
CWA sections 309 and 505.
    For those processes where a new or existing direct discharge PFPR/
Manufacturer has chosen to comply with zero discharge, the permit would 
include: (1) The pesticide manufacturing limitations (40 CFR part 455, 
subparts A and B) with no additional allowance for the PFPR wastewaters 
for those PAIs that are also manufactured; and (2) limitations set 
equal to the detection limit of the PAIs expected to be in the 
wastewater (or no PFPR process wastewater flow) for PAIs that are not 
also manufactured at the facility. The NPDES permits for new or 
existing stand-alone direct discharging facilities that choose to 
achieve zero discharge from specified processes will include either 
limitations set equal to the detection limit of the analytical method 
for the PAIs expected to be in the wastewater or will allow no process 
wastewater flow.

Indirect Dischargers

    Existing and new PFPR facilities (including PFPR/Manufacturers) 
which are indirect dischargers would also need to make an initial 
choice on a process basis of meeting the zero discharge pretreatment 
standard or adopting and implementing the P2 practices and the 
treatment technologies (if so specified). Facilities that choose the 
zero discharge option for specified processes (or for the entire 
facility) would agree in their control mechanism or pretreatment 
agreement to demonstrate zero discharge through no process wastewater 
flow or compliance by meeting a numerical standard be set equal to the 
detection limit of the analytical method for the PAIs expected in the 
wastewater.
    If the indirect discharging PFPR facility chooses the P2 
Alternative for any or all processes/lines/product families, the 
facility would need to notify the Control Authority of its intention by 
submitting an initial certification statement as described in 
Sec. 455.41(a) of the final regulation. Facilities that do not choose 
the P2 Alternative for the facility in its entirety will be required to 
include a brief description of each product family, process unit or 
process line and the option selected for each with the initial 
certification statement. In addition, the facility must include all of 
the P2 practices (or modifications) and any specified treatment 
technologies that will be implemented to meet the requirements of the 
practices listed in Table 8 to part 455 for those processes which the 
P2 Alternative was chosen. For indirect dischargers appropriate 
pretreatment is required for any interior equipment cleaning wastewater 
(including drums), floor wash 26 or leak/spill cleanup water that 
is part of the P2 allowable discharge. Other wastewater sources can be 
discharged to the POTW without pretreatment. The initial certification 
statement to be submitted requires a signature by the appropriate 
manager in charge of overall operations of the facility to assure that 
information provided is true, accurate, and complete to the best of his 
or her knowledge.
---------------------------------------------------------------------------

    \26\ In individual cases the requirement of wastewater 
pretreatment prior to discharge to the POTW may be removed by the 
control authority for floor wash or the final rinse of a non-
reusable triple rinse when the facility has demonstrated that the 
levels of PAIs and priority pollutants in such wastewaters are at a 
level that is too low to be effectively pretreated at the facility 
and have been shown to neither pass through or interfere with the 
operations of the POTW. The control authority should also take into 
account whether or not the facility has employed water conservation 
when generating such a non-reusable wastewater.
---------------------------------------------------------------------------

    Other required paperwork can be kept on-site (e.g., supporting 
documentation for any modifications, treatment technologies used that 
are not listed on Table 10 to part 455 of the regulation, the method 
chosen and supporting documentation for demonstrating that appropriate 
treatment is well operated and maintained and the rationale for 
choosing the method of demonstration). Any modifications for a reason 
not listed on Table 8 to part 455 of the regulation must be submitted 
to the control authority for approval.
    Once an individual control mechanism (or pretreatment agreement) is 
in place, facilities need to submit a

[[Page 57545]]

periodic certification statement to the control authority indicating 
that the P2 Alternative is being implemented as in the previous period 
or that a modification to the individual control mechanism is needed. 
The certification statement is to be submitted to the control authority 
on the same time table, i.e., twice per year (June and December), as 
the reporting required by 40 CFR 403.12(e). The control authority, as 
part of its approved pretreatment program, must have the authority to 
ensure compliance with a pretreatment standard (40 CFR 403.8(f)(1)(ii)) 
and to carry out inspections of the indirect dischargers' self-
certifications and of the paperwork described below. 40 CFR 
403.8(f)(1)(v).

Necessary Paperwork for the P2 Alternative

    As briefly mentioned above, both direct and indirect discharging 
facilities are required to keep certain paperwork on-site and available 
for permitting/control authorities and enforcement officials.

    Note: Although EPA is not requiring submittal of all the 
paperwork for approval in these national regulations, NPDES programs 
and control authorities may choose to require submittal of any of 
the paperwork for approval.

    The paperwork which is required to be submitted includes the one-
time initial certification statement (see Sec. 455.41(a) of the final 
rule) and the periodic certification statements (see Sec. 455.41(b) of 
the final rule). The paperwork which can be kept on-site is referred to 
in this final rule as the ``On-site Compliance Paperwork'' (see 
Sec. 455.41(c)). Each of these is described below.
    For each PFPR facility, the initial certification statement would 
include, at a minimum, a listing of and descriptions of the processes 
(i.e., product families/process lines/process units) for which it 
chooses the P2 Alternative and those for which it chooses to achieve 
zero discharge; descriptions of the P2 practices (from Table 8 to part 
455 of the regulation) that are being employed and how they are being 
implemented; description of any justifications allowing modification to 
the practices listed on Table 8 to part 455; and a description of the 
treatment system being used to obtain a P2 allowable discharge (as 
defined in Sec. 455.41). The initial certification statement must be 
signed by the responsible corporate officer as defined in 40 CFR 
403.12(l) or 40 CFR 122.22.
    The periodic certification statement is to be submitted twice per 
year for indirect discharging facilities and once per year for direct 
discharging facilities and should indicate whether the P2 Alternative 
is being implemented as set forth in the NPDES permit/control mechanism 
or that a justification allowing modification of the listed practices 
has been implemented resulting in a change in the P2 practices 
conducted at the facility. If the modification needed is not listed on 
Table 8 of part 455, the facility should request a modification from 
their permitting/control authority if it has not already done so.
    The on-site compliance paperwork should include the information 
from the initial and periodic certifications but must also include: (1) 
The supporting documentation for any modifications that have been made 
to the listed P2 practices (including records that indicate/
demonstrate, for example, microbial growth, specific directions for 
other disposal from the manufacturer, use of a solvent recovery system, 
etc.); (2) a written discussion demonstrating that the treatment system 
being used contains the appropriate treatment technologies (i.e., 
listed by PAI in the Table 10 to Part 455 of the final regulation, 
equivalent system as defined in Sec. 455.10(h), or pesticide 
manufacturing system) for removing PAIs that are used in production at 
their facility and could be in their wastewater; (3) a method for 
demonstrating that the treatment system is well operated and 
maintained; and (4) a discussion of the rationale for choosing the 
method of demonstration. For example, a facility may utilize a 
surrogate method for determining breakthrough of their carbon 
adsorption unit. This method could be used instead of performing 
analytical testing for all or any of the PAIs that may have been in 
production at the facility over a specific period of time. The facility 
could possibly use records of carbon change out/purchase to demonstrate 
that the system is properly operated and maintained and could describe 
the initial testing and/or vendor information used to determine the 
useful life of the activated carbon.
    Control authorities, at or any time after entering into an 
individual control mechanism, or permitting authorities, at or any time 
after issuing, reissuing, or modifying the NPDES permit, could inspect 
the PFPR facility to see that the listed practices are being employed, 
that the treatment system is well operated and maintained and that the 
necessary paperwork provides sufficient justification for any 
modifications. When facilities need to modify a listed P2 practice for 
which a justification is not listed in the final regulation, the 
facility must make a request for the modification from the NPDES 
permitting authority or the control authority. The permit writer/
control authority is expected to use BPJ/BEJ to approve the 
modification.

    Note: EPA is preparing a guidance manual to aid permit writers/
control authorities as well as PFPR facilities.

Compliance Dates

    EPA has established a three-year deadline for compliance with the 
PFPR pretreatment standards for existing sources (PSES). Under the 
zero/P2 alternative facilities will need time to assess which process 
lines are amenable to the P2 alternative and which lines will have to 
comply with zero discharge. This decision will most likely be based on 
economics as well as the characteristics of the individual process 
line. In addition, facilities will have to determine the treatment 
necessary for the PAIs expected to be found in the wastewater at their 
facility and they will need time to design and install these systems. 
Finally, facilities will need time to prepare the on-site compliance 
paperwork necessary to support the P2 alternative. Thus, EPA believes 
that a full three-year compliance period is appropriate.
    Existing direct dischargers must comply by the date of issue, 
reissue or modification of the NPDES permit. New source standards and 
limitations (PSNS and NSPS) must be complied with when a facility 
commences the discharging of wastewater.

    Note: For this rule, a direct discharge facility is considered a 
new source if its construction commenced following promulgation of 
the final rule (40 CFR 122.2); while an indirect discharge facility 
is considered a new source if construction commenced after proposal 
(April 1994) of the pretreatment standards (40 CFR 403.3).

    Direct dischargers may be subject to the establishment, by the 
permitting authority, of more stringent effluent limitations based on 
applicable water quality standards. See 40 CFR 122.44. In addition, 
those PFPR facilities that are indirect dischargers remain subject to 
the Pass-Through and Interference prohibitions contained in the general 
pretreatment regulations. 40 CFR 403.5(a)(1). Indirect dischargers 
could also be subject to local limits established by the control 
authority receiving the facility's wastewater. 40 CFR 403.5(c).
    The Agency emphasizes that although the Clean Water Act is a strict 
liability statute, EPA can initiate enforcement proceedings at its 
discretion. EPA has exercised and intends to exercise that

[[Page 57546]]

discretion in a manner that recognizes and promotes good faith 
compliance.
2. Refilling Establishments (Subcategory E)
    The limitations and standards for existing and new refilling 
establishments are set as zero discharge. In addition, many states 
(with national regulations soon to follow) require these facilities to 
have secondary containment systems and loading pads for their bulk 
pesticide and pesticide dispensing operations. Under these state and 
eventual national secondary containment regulations under FIFRA, 
facilities are collecting process wastewaters that were formerly 
contaminating soil and groundwater.
    Since the majority of these facilities are not located in an area 
where direct or indirect discharge is feasible, EPA believes that the 
zero discharge can be implemented as seen on site visits. Typically, 
these facilities collect their process wastewaters (including interior 
equipment cleaning of minibulks, bulk tanks and related ancillary 
equipment and leak/spill cleanup water) and store these collected 
rinsates for reuse. The stored rinsates are then used as product make-
up water in future custom application activities. Facilities that do 
not operate their own custom application services or that are located 
in states where the purchase of make-up water for reuse in applications 
is prohibited have been known to give away these rinsates to custom 
applicators or directly to farmers. A small number of facilities in 
such a situation may choose some means of off-site disposal, such as 
contract hauling to incineration.

B. Upset and Bypass Provisions

    A recurring issue is whether industry limitations and standards 
should include provisions authorizing noncompliance with effluent 
limitations during periods of ``upset'' or ``bypass''. An upset, 
sometimes called an ``excursion,'' is an unintentional and temporary 
noncompliance with technology-based effluent limitations occurring for 
reasons beyond the reasonable control of the permittee. EPA believes 
that upset provisions are necessary to recognize an affirmative defense 
for an exceptional incident including ``Acts of God''. Because 
technology-based limitations can require only what properly designed, 
maintained and operated technology can achieve, it is claimed that 
liability for such situations is improper.
    While an upset is an unintentional episode during which effluent 
limitations are exceeded, a bypass is an act of intentional 
noncompliance during which wastewater treatment facilities are 
circumvented in emergency situations.
    EPA has both upset and bypass provisions in NPDES permits, and has 
promulgated NPDES and pretreatment regulations which include upset and 
bypass permit provisions. (40 CFR 122.41(m), 122.41(n) and 40 CFR 
403.16 and 403.17.) The upset provision establishes an upset as an 
affirmative defense to prosecution for violation of technology-based 
effluent limitations. The bypass provision authorizes bypassing to 
prevent loss of life, personal injury, or severe property damage. Since 
there are already upset and bypass provisions in NPDES permits and 
pretreatment regulations, EPA will let local permit and control 
authorities deal with individual upsets or requests for bypass.

C. Variances and Modifications

    Upon the promulgation of these regulations, the effluent 
limitations for the appropriate subcategory must be applied in all 
Federal and State NPDES permits issued to direct dischargers in the 
pesticide formulating, packaging or repackaging industry. In addition, 
the pretreatment standards are directly applicable to indirect 
dischargers.
1. Fundamentally Different Factors Variances
    For the BPT effluent limitations, the only exception to the binding 
limitations is EPA's ``fundamentally different factors'' (``FDF'') 
variance (40 CFR part 125, subpart D). This variance recognizes factors 
concerning a particular discharger which are fundamentally different 
from the factors considered in this rulemaking. Although this variance 
clause was set forth in EPA's 1973-1976 effluent guidelines, it is now 
included in the NPDES regulations and not the specific industry 
regulations. (See 44 FR 32854, 32893 [June 7, 1979] for an explanation 
of the ``fundamentally different factors'' variance). The procedures 
for application for a BPT FDF variance are set forth at 40 CFR 
122.21(m)(1)(I)(A).
    Dischargers subject to the BAT limitations in these final 
regulations may also apply for an FDF variance, under the provisions of 
section 301(n) of the Act, which regulates BAT, BCT, and pretreatment 
FDFs. In addition, BAT limitations for nonconventional pollutants may 
be modified under section 301(c) (for economic reasons) and 301(g) (for 
water quality reasons) of the Act. These latter two statutory 
modifications are not applicable to ``toxic'' or conventional 
pollutants.
    Dischargers subject to pretreatment standards for existing sources 
(PSES) are also subject to the ``fundamentally different factors'' 
variance provision (40 CFR 403.13) and credits for pollutants removed 
by POTWs, as discussed in Section XII.C.2. Dischargers subject to 
pretreatment standards for new sources (PSNS) are subject only to the 
removal credit provision (see Section XII.C.2).
    New sources subject to NSPS are not eligible for EPA's 
``fundamentally different factors'' variance or any statutory or 
regulatory variances. See E.I. Du Pont v. Train, 430 U.S. 112 (1977).
2. Removal Credits
    Congress, in enacting Section 307(b) of the CWA, recognized that, 
in certain instances, POTWs could provide some or all of the treatment 
of an industrial user's wastestream that would be required pursuant to 
the pretreatment standard. Consequently, Congress established a 
discretionary program for POTWs to grant ``removal credits'' to their 
indirect dischargers. The credit, in the form of a less stringent 
pretreatment standard, allows an increased amount of pollutants to flow 
from the indirect discharger's facility to the POTW.
    Section 307(b) of the CWA establishes a three-part test for 
obtaining removal credit authority for a given pollutant. Removal 
credits may be authorized only if (1) the POTW ``removes 27 all or 
any part of such toxic pollutant,'' (2) the POTW's ultimate discharge 
would ``not violate that effluent limitation, or standard which would 
be applicable to that toxic pollutant if it were discharged'' directly 
rather than through a POTW and (3) the POTW's discharge would ``not 
prevent sludge use and disposal by such [POTW] in accordance with 
section [405] . . . .'' Section 307(b).
---------------------------------------------------------------------------

    \27\ In 40 CFR 403.7, removal is defined to mean ``a reduction 
in the amount of a pollutant in the POTW's effluent or alteration of 
the nature of a pollutant during treatment at the POTW. The 
reduction or alteration can be obtained by physical, chemical or 
biological means and may be the result of specifically designed POTW 
capabilities or may be incidental to the operation of the treatment 
system. Removal as used (in Sec. 403.7) shall not mean dilution of a 
pollutant in the POTW.''
---------------------------------------------------------------------------

    EPA has promulgated removal credit regulations in 40 CFR 403.7. The 
United States Court of Appeals for the Third Circuit has interpreted 
the statute to require EPA to promulgate comprehensive sewage sludge 
regulations before any removal credits could be authorized. NRDC v. 
EPA, 790 F.2d 289, 292 (3rd Cir. 1986) cert. denied. 479 U.S. 1084 
(1987). Congress made this explicit in the Water Quality Act of 1987 
which provided that EPA

[[Page 57547]]

could not authorize any removal credits until it issued the sewage 
sludge use and disposal regulations required by section 
405(d)(2)(a)(ii).
    Section 405 of the CWA requires EPA to promulgate regulations which 
establish standards for sewage sludge when used or disposed for various 
purposes. These standards must include sewage sludge management 
standards as well as numerical limits for pollutants which may be 
present in sewage sludge in concentrations which may adversely affect 
public health and the environment. Section 405 requires EPA to develop 
these standards in two phases. On November 25, 1992, EPA promulgated 
the Round One sewage sludge regulations establishing standards, 
including numerical pollutant limits, for the use and disposal of 
sewage sludge. 58 FR 9248. EPA established pollutant limits for ten 
metals when sewage sludge is applied to land, for three metals when it 
is disposed of at surface disposal sites and for seven metals and total 
hydrocarbons, a surrogate for organic pollutant emissions, when sewage 
sludge is incinerated. These requirements are codified at 40 CFR part 
503.
    At the same time EPA promulgated the Round One regulations, EPA 
also amended its pretreatment regulations to provide that removal 
credits would be available for certain pollutants regulated in the 
sewage sludge regulations. See 58 FR at 9386. The amendments to Part 
403 provide that removal credits may be made potentially available for 
the following pollutants:
    (1) If a POTW applies its sewage sludge to the land for beneficial 
uses, disposes of it on surface disposal sites or incinerates it, 
removal credits may be available, depending on which use or disposal 
method is selected (so long as the POTW complies with the requirements 
in part 503). When sewage sludge is applied to land, removal credits 
may be available for ten metals. When sewage sludge is disposed of on a 
surface disposal site, removal credits may be available for three 
metals. When the sewage sludge is incinerated, removal credits may be 
available for seven metals and for 57 organic pollutants. See 40 CFR 
403.7(a)(3)(iv)(A).
    (2) In addition, when sewage sludge is used on land or disposed of 
on a surface disposal site or incinerated, removal credits may also be 
available for additional pollutants so long as the concentration of the 
pollutant in sludge does not exceed a concentration level established 
in part 403. When sewage sludge is applied to land, removal credits may 
be available for two additional metals and 14 organic pollutants. When 
the sewage sludge is disposed of on a surface disposal site, removal 
credits may be available for seven additional metals and 13 organic 
pollutants. When the sewage sludge is incinerated, removal credits may 
be available for three other metals. See 40 CFR 403.7(a)(3)(iv)(B).
    (3) When a POTW disposes of its sewage sludge in a municipal solid 
waste land fill that meets the criteria of 40 CFR part 258 (MSWLF), 
removal credits may be available for any pollutant in sewage sludge. 
See 40 CFR 403.7(a)(3)(iv)(C).
    Thus, given compliance with the requirements of EPA's removal 
credit regulations,28 following promulgation of the pretreatment 
standards being proposed here, removal credits may be authorized for 
any pollutant subject to pretreatment standards if the applying POTW 
disposes of its sewage sludge in a MSWLF that meets the requirements of 
40 CFR part 258. If the POTW uses or disposes of its sewage sludge by 
land application, surface disposal or incineration, removal credits may 
be available for the following metal pollutants (depending on the 
method of use or disposal): Arsenic, cadmium, chromium, copper, lead, 
mercury, molybdenum, nickel, selenium and zinc. Given compliance with 
Sec. 403.7, removal credits may be available for the following organic 
pollutants (depending on the method of use or disposal): 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, 
ehtylbenzene, heptachlor, heptachlor epoxide, hexachlorobutadiene, 
alphahexachlorocyclohexane, betahexachlorocyclohexane, 
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.
---------------------------------------------------------------------------

    \28\ Under Sec. 403.7, a POTW is authorized to give removal 
credits only under certain conditions. These include applying for, 
and obtaining, approval from the Regional Administrator (or Director 
of a State NPDES program with an approved pretreatment program), a 
showing of consistent pollutant removal and an approved pretreatment 
program. See 40 CFR 403.7(a)(3)(I), (ii), and (iii).
---------------------------------------------------------------------------

    With regard to the use of removal credit authority for any 
pollutant subject to these pretreatment standards, a POTW (once 
compliance with 40 CFR 403.7 is shown and removal credit authority is 
granted) may be able to effectively authorize the waiving of what 
otherwise would be required treatment of the PFPR wastewaters by 
authorizing a removal credit to the PFPR industrial user to the extent 
of any pollutants remaining in its discharge after all applicable 
pollution prevention practices have been complied with. However, 
removal credits could only be granted to the extent that granting of 
such credits would not result in pass through or interference at the 
POTW as defined in 40 CFR 403.3 and in accordance with the provisions 
of Sec. 403.5, and EPA would expect that the PFPR industrial user would 
have to continue to comply with the pollution prevention practices as 
specified in the P2 Alternative even if a removal credit had been 
provided.

D. Analytical Methods

    Section 304(h) of the Act directs EPA to promulgate guidelines 
establishing test methods for the analysis of pollutants. These methods 
are used to determine the presence and concentration of pollutants in 
wastewater, and are used for compliance monitoring and for filing 
applications for the NPDES program under 40 CFR 122.21, 122.41, 122.44 
and 123.25, and for the implementation of the pretreatment standards 
under 40 CFR 403.10 and 403.12. To date, EPA has promulgated methods 
for conventional pollutants, toxic pollutants, and for some non-
conventional pollutants. The five conventional pollutants are defined 
at 40 CFR 401.16. Table I-B at 40 CFR part 136 lists the analytical 
methods approved for these pollutants. The 65 toxic metals and organic 
pollutants and classes of pollutants are defined at 40 CFR 401.15. From 
the list of 65 classes of toxic pollutants EPA identified a list of 126 
``Priority Pollutants.'' This list of Priority Pollutants is shown, for 
example, at 40 CFR part 423, appendix A. The list includes non-
pesticide organic pollutants, metal pollutants, cyanide, asbestos, and 
pesticide

[[Page 57548]]

pollutants. Currently approved methods for metals and cyanide are 
included in the table of approved inorganic test procedures at 40 CFR 
136.3, Table I-B. Table I-C at 40 CFR 136.3 lists approved methods for 
measurement of non-pesticide organic pollutants, and Table I-D lists 
approved methods for the toxic pesticide pollutants and for other 
pesticide pollutants.
    EPA believes that the analytical methods for pesticide active 
ingredients contained in the promulgated pesticide manufacturing 
effluent guidelines and standards (see Methods for the Determination of 
Nonconventional Pesticides in Municipal and Industrial Wastewater, 
Volumes I & II, EPA 821-R-93-010-A&B, August 1993, Revision 1) will 
perform equally well on treated pesticide formulating, packaging or 
repackaging wastewaters as on pesticide manufacturing wastewaters. Raw 
wastewater samples may on occasion require some separation prior to 
analysis, analogous to the emulsion breaking pretreatment included in 
EPA's costed BAT technology. Many of these methods have in fact been 
used on the PFPR sampled wastewaters. All of the active ingredient 
pollutant data that supports the proposed effluent limitations were 
generated using analytical methods that employ the approved methods or 
are based upon the approved methods at 40 CFR part 136 or contained in 
Methods for the Determination of Nonconventional Pesticides in 
Municipal and Industrial Wastewater. For PAI's that have no EPA-
approved analytical methods, PFPR facilities may utilize alternative 
sampling and analysis methods as specified in 40 CFR 136.4 and 
403.12(g)(4). At some future date, EPA may transfer the analytical 
methods promulgated at part 455 to part 136 as a part of EPA's effort 
to consolidate analytical methods and streamline promulgation of new 
methods. As discussed in Section XII.A.1, EPA believes that those 
facilities choosing zero discharge will either demonstrate zero 
discharge through no process wastewater flow or will demonstrate 
compliance using the analytical methods to show PAIs levels are at or 
below detection (or meeting pesticide manufacturing limitations with no 
allowance given to PFPR wastewater). Facilities choosing to demonstrate 
that they are in compliance with the P2 Alternative will use submittal 
of certification statements, inspections, and demonstrated 
implementation of the listed P2 practices to assure compliance with the 
final rule. However, some facilities, although not required, may use 
analytical methods to demonstrate that their treatment system are 
``well operated and maintained,'' as explained in the P2 Alternative. 
In addition, permitting/control authorities can set numerical 
limitations using BPJ/BEJ which may rely on the use of analytical 
methods for demonstrating compliance.

List of Subjects in 40 CFR Part 455

    Environmental protection, Chemicals, Packaging and containers, 
Pesticides and pests, Pollution prevention, Waste treatment and 
disposal, Water pollution control.

    Dated: September 30, 1996.
Carol M. Browner,
Administrator.

Appendix A to the Preamble--Abbreviations, Acronyms, and Other Terms 
Used in This Document

B.t.--Bacillus thuringiensis
BAT--Best Available Control Technology Economically Achievable
BCT--Best Conventional Pollutant Control Technology
BEJ--Best Engineering Judgement
BIF--Boilers and Industrial Furnaces
BOD--Biochemical Oxygen Demand
BPJ--Best Professional Judgement
BPT--Best Practicable Control Technology Currently Available
CAA--Clean Air Act
CO--Carbon Monoxide
CSF--Confidential Statement of Formula
CWA--Clean Water Act
DOT--Department of Transportation
FATES--FIFRA and TSCA Enforcement System
FDA--Food and Drug Administration
FDF--Fundamentally Different Factors
FIFRA--Federal Insecticide, Fungicide, Rodenticide Act
GMPs--Good Manufacturing Practices
GRAS--Generally Recognized As Safe
ICR--Information Collection Request
NOx--Nitrogen oxides
NPDES--National Pollutant Discharge Elimination System
NSPS--New Source Performance Standards
P2--Pollution Prevention
PAI--Pesticide Active Ingredient
PFPR--Pesticide Formulating, Packaging and Repackaging
PM--Particulate Matter
POTW--Publicly Owned Treatment Works
PPA--Pollution Prevention Act
PSES--Pretreatment Standards for Existing Sources
PSNS--Pretreatment Standards for New Sources
RCRA--Resource Conservation and Recovery Act
R & D--Research and Development
SBREFA--Small Business Regulatory Enforcement Fairness Act
SO2--Sulfur dioxide
SRRP--Source Reduction Review Project
TDD--Technical Development Document
TSCA--Toxic Substances Control Act
TSD--Treatment, Storage and Disposal
TSS--Total Suspended Solids
UMRA--Unfunded Mandate Reform Act
UTS--Universal Treatment System
VOCs--Volatile Organic Compounds
Zero/P2 Alternative--Zero Discharge/ Pollution Prevention 
Alternative Option

    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 455--PESTICIDE CHEMICALS

    1. The authority citation for part 455 continues to read as 
follows:

    Authority: Secs. 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).

    1a. Section 455.10 is amended by adding paragraphs (g) through (u) 
to read as follows:


Sec. 455.10  General definitions.

* * * * *
    (g) Appropriate pollution control technology means the wastewater 
treatment technology listed in Table 10 to this part 455 for a 
particular PAI(s) including an emulsion breaking step prior to the 
listed technology when emulsions are present in the wastewater to be 
treated.
    (h) Equivalent system means a wastewater treatment system that is 
demonstrated in literature, treatability tests or self-monitoring data 
to remove a similar level of pesticide active ingredient (PAI) or 
priority pollutants as the applicable appropriate pollution control 
technology listed in Table 10 to this Part 455.
    (i) Formulation of pesticide products means the process of mixing, 
blending or diluting one or more pesticide active ingredients (PAIs) 
with one or more active or inert ingredients, without an intended 
chemical reaction to obtain a manufacturing use product or an end use 
product.
    (j) Group 1 mixtures means any product whose only pesticidal active 
ingredient(s) is: a common food/food constituent or non-toxic household 
item; or is a substance that is generally recognized as safe (GRAS) by 
the Food and Drug Administration (21 CFR 170.30, 182, 184, and 186) in 
accordance with good manufacturing practices, as defined by 21 CFR part 
182; or is exempt from FIFRA under 40 CFR 152.25.
    (k) Group 2 mixtures means those chemicals listed in Table 9 to 
this part 455.
    (l) Inorganic wastewater treatment chemicals means inorganic 
chemicals that are commonly used in wastewater treatment systems to aid 
in the removal

[[Page 57549]]

of pollutants through physical/chemical technologies such as chemical 
precipitation, flocculation, neutralization, chemical oxidation, 
hydrolysis and/or adsorption.
    (m) Interior wastewater sources means wastewater that is generated 
from cleaning or rinsing the interior of pesticide formulating, 
packaging or repackaging equipment; or from rinsing the interior of raw 
material drums, shipping containers or bulk storage tanks; or cooling 
water that comes in direct contact with pesticide active ingredients 
(PAIs) during the formulating, packaging or repackaging process.
    (n) Microorganisms means registered pesticide active ingredients 
that are biological control agents listed in 40 CFR 152.20(a)(3) 
including Eucaryotes (protozoa, algae, fungi), Procaryotes (bacteria), 
and Viruses.
    (o) Packaging of pesticide products means enclosing or placing a 
formulated pesticide product into a marketable container.
    (p) PFPR/Manufacturer means a pesticide formulating, packaging and 
repackaging facility that also performs pesticide manufacturing on-site 
and commingles their PFPR process wastewaters and pesticide 
manufacturing process wastewaters.
    (q) Pool chemicals means pesticide products that are intended to 
disinfect or sanitize, reducing or mitigating growth or development of 
microbiological organisms including bacteria, algae, fungi or viruses 
in the water of swimming pools, hot tubs, spas or other such areas, in 
the household and/or institutional environment, as provided in the 
directions for use on the product label.
    (r) Refilling establishment means an establishment where the 
activity of repackaging pesticide product into refillable containers 
occurs.
    (s) Repackaging of pesticide products means the transfer of a 
pesticide formulation (or PAI) from one container to another without a 
change in composition of the formulation or the labeling content, for 
sale or distribution.
    (t) Sanitizer products means pesticide products that are intended 
to disinfect or sanitize, reducing or mitigating growth or development 
of microbiological organisms including bacteria, fungi or viruses on 
inanimate surfaces in the household, institutional, and/or commercial 
environment and whose labeled directions for use result in the product 
being discharged to Publicly Owned Treatment Works (POTWs). This 
definition shall also include sanitizer solutions as defined by 21 CFR 
178.1010 and pool chemicals as defined in this section (455.10(q)). 
This definition does not include liquid chemical sterilants (including 
sporicidals) exempted by Sec. 455.40(f) or otherwise, industrial 
preservatives, and water treatment microbiocides other than pool 
chemicals.
    (u) Stand-alone PFPR facility means a PFPR facility where either: 
No pesticide manufacturing occurs; or where pesticide manufacturing 
process wastewaters are not commingled with PFPR process wastewaters. 
Such facilities may formulate, package or repackage or manufacture 
other non-pesticide chemical products and be considered a ``stand-
alone'' PFPR facility.
    1b. Section 455.11 is revised to read as follows:


Sec. 455.11  Compliance date for pretreatment standards for existing 
sources (PSES).

    All discharges subject to pretreatment standards for existing 
sources (PSES) in subparts A and B of this part must comply with the 
standards no later than September 28, 1993.

Subpart C--Pesticide Formulating, Packaging and Repackaging (PFPR) 
Subcategory

    2. Section 455.40 is revised as to read as follows:


Sec. 455.40  Applicability; description of the pesticide formulating, 
packaging and repackaging subcategory.

    (a) The provisions of this subpart are applicable to discharges 
resulting from all pesticide formulating, packaging and repackaging 
operations except as provided in paragraphs (b), (c), (d), (e) and (f) 
of this section.
    (b) The provisions of this subpart do not apply to repackaging of 
agricultural pesticides performed at refilling establishments, as 
described in Sec. 455.60.
    (c) The provisions of this subpart do not apply to wastewater 
discharges from: the operation of employee showers and laundry 
facilities; the testing of fire protection equipment; the testing and 
emergency operation of safety showers and eye washes; storm water; 
Department of Transportation (DOT) aerosol leak test bath water from 
non-continuous overflow baths (batch baths) where no cans have burst 
from the time of the last water change-out; and on-site laboratories 
from cleaning analytical equipment and glassware and rinsing the retain 
sample container (except for the initial rinse of the retain sample 
container which is considered a process wastewater source for this 
subpart).
    (d) The provisions of this subpart do not apply to wastewater 
discharges from the formulation, packaging and/or repackaging of 
sanitizer products (including pool chemicals); microorganisms; 
inorganic wastewater treatment chemicals; group 1 mixtures and group 2 
mixtures, as defined under Sec. 455.10.
    (e) The provisions of this subpart do not apply to wastewater 
discharges from the development of new formulations of pesticide 
products and the associated efficacy and field testing at on-site or 
stand-alone research and development laboratories where the resulting 
pesticide product is not produced for sale.
    (f) The provisions of this subpart do not apply to wastewater 
discharges from the formulation, packaging and/or repackaging of liquid 
chemical sterilant products (including any sterilant or subordinate 
disinfectant claims on such products) for use on a critical or semi-
critical device, as defined in Section 201 of the Federal Food, Drug 
and Cosmetic Act and in Section 2(u) of the Federal Insecticide, 
Fungicide and Rodenticide Act.
    3. Section 455.41 is added to Subpart C to read as follows:


Sec. 455.41  Special definitions.

    (a) Initial Certification Statement for this subpart means a 
written submission to the appropriate permitting authority, e.g., the 
local Control Authority (the POTW) or NPDES permit writer which must be 
signed by the responsible corporate officer as defined in 40 CFR 
403.12(l) or 40 CFR 122.22 and which:
    (1) Lists and describes those product families, process lines and/
or process units for which the PFPR facility is implementing the 
Pollution Prevention Alternative (``P2 Alternative'');
    (2) Describes the PFPR facility specific practices for each product 
family/process line/process unit which are to be practiced as part of 
the P2 Alternative;
    (3) Describes any justification allowing modification to the 
practices listed in Table 8 to this part 455; and
    (4) Lists the treatment system being used to obtain a P2 allowable 
discharge (as defined in 455.41).
    (b) Periodic Certification Statement for this subpart means a 
written submission to the appropriate permitting authority, e.g., the 
local Control Authority (the POTW) or NPDES permit writer, which states 
that the P2 Alternative is being implemented in the manner set forth in 
the control mechanism (for indirect dischargers) or NPDES permit (for 
direct dischargers) or that a justification allowing modification of 
the practices listed in Table 8 to this part 455 has been

[[Page 57550]]

implemented resulting in a change in the pollution prevention practices 
conducted at the facility. The Periodic Certification Statement must be 
signed by the responsible corporate officer as defined in 40 CFR 
403.12(l) or 40 CFR 122.22.
    (c) On-site Compliance Paperwork for this subpart means data or 
information maintained in the offices of the PFPR facility which 
supports the initial and periodic certification statements as follows:
    (1) Lists and describes those product families, process lines and/
or process units for which the facility is implementing the P2 
Alternative;
    (2) Describes the facility specific practices for each product 
family/process line/process unit which are to be practiced as part of 
the P2 Alternative;
    (3) Describes any justification allowing modification to the 
practices listed in Table 8 to this part 455;
    (4) Includes a written discussion demonstrating that the treatment 
system being used contains the appropriate pollution control 
technologies (or equivalent systems/pesticide manufacturing systems) 
for removing the PAIs which may be found in the wastewater;
    (5) Establishes a method for demonstrating to the permitting/
control authority that the treatment system is well operated and 
maintained; and
    (6) Includes a discussion of the rationale for choosing the method 
of demonstration.
    (d) For Indirect Dischargers:
    Pollution prevention (P2) allowable discharge (excluding interior 
wastewater sources, leak and spill clean-up water, and floor wash) for 
this subpart means the quantity of/concentrations of pollutants in PFPR 
process wastewaters that remain after a facility has demonstrated that 
it is using the specified practices of the Pollution Prevention 
Alternative as listed in Table 8 to this part 455.
    Pollution prevention (P2) allowable discharge for interior 
wastewater sources, leak and spill cleanup water, and floor wash for 
this subpart means the quantity of/concentrations of pollutants in PFPR 
process wastewaters that remain after a facility has demonstrated that 
it is using the specified practices of the Pollution Prevention 
Alternative as listed in Table 8 to this part 455 and that have been 
pretreated using appropriate pollution control technologies, as defined 
in Sec. 455.10(g), or a pesticide manufacturer's treatment system, or 
an equivalent system, used individually, or in any combination to 
achieve a sufficient level of pollutant reduction. Pretreatment 
requirements may be modified or waived by the Control Authority (POTW) 
to the extent that removal credits have been granted by the POTW in 
accordance with 40 CFR 403.7, provided the granting of such credits 
does not result in pass through or interference as defined in 40 CFR 
403.3 and complies with the provisions of 40 CFR 403.5. The facility 
must demonstrate that the appropriate pollution control technology is 
properly maintained and operated.
    (e) For Direct Dischargers:
    Pollution prevention (P2) allowable discharge for this subpart 
means the quantity of/concentrations of pollutants in PFPR process 
wastewaters that remain after a facility has demonstrated that it is 
using the specified practices of the Pollution Prevention Alternative 
as listed in Table 8 to this part 455 and that have been treated using 
appropriate pollution control technologies, as defined in 
Sec. 455.10(g), or a pesticide manufacturer's treatment system, or an 
equivalent system, used individually, or in any combination to achieve 
a sufficient level of pollutant reduction. The facility must 
demonstrate that the appropriate pollution control technology is 
properly maintained and operated.
    (f) Process wastewater, for this subpart, means all wastewater 
associated with pesticide formulating, packaging and repackaging except 
for sanitary water, non-contact cooling water and those wastewaters 
excluded from the applicability of the rule in Sec. 455.40.
    4. Section 455.42 is revised to read as follows:
Sec. 455.42  Effluent limitations guidelines representing the degree of 
effluent reduction attainable by the application of the best 
practicable control technology currently available, (BPT).
    Except as provided in 40 CFR 125.30 through 125.32, any existing 
point source subject to this subpart shall achieve the following 
effluent limitations representing the degree of effluent reduction 
attainable by the application of the best practicable control 
technology currently available.
    (a) Except as provided in paragraph (b) of this section, the 
following limitations establish the quantity or quality of pollutants 
or pollutant properties controlled by this paragraph which may be 
discharged from the formulation, packaging or repackaging of 
pesticides: There shall be no discharge of process wastewater 
pollutants to navigable waters.

    Note: For existing PFPR/Manufacturer facilities, as defined in 
Sec. 455.10(p), which are also subject to the provisions of 
Sec. 455.22 or Sec. 455.32, ``zero discharge'' means that permitting 
authorities shall provide no additional discharge allowance for 
those pesticide active ingredients (PAIs) in the pesticide 
formulating, packaging and repackaging wastewaters when those PAIs 
are also manufactured at the same facility.

    (b) Any existing facility subject to paragraph (a) of this section 
may have a pollution prevention allowable discharge, as defined in 
Sec. 455.41(e), of wastewater pollutants to navigable waters if the 
discharger agrees to NPDES permit conditions as follows:
    (1) The discharger will meet the requirements of the Pollution 
Prevention Alternative listed in Table 8 to this part 455 (or received 
a modification by Best Professional Judgement for modifications not 
listed in Table 8 of this Part 455);
    (2) The discharger will notify its NPDES permit writer at the time 
of renewal or modification of its permit, of its intent to utilize the 
Pollution Prevention Alternative by submitting to the NPDES permit 
writer an initial certification statement as described in 
Sec. 455.41(a);
    (3) The discharger will submit to its NPDES permitting authority a 
periodic certification statements as described in Sec. 455.41(b) once 
each year of operation; and
    (4) The discharger will maintain at the office of the facility and 
make available for inspection the on-site compliance paperwork as 
described in Sec. 455.41(c).
    5. New Secs. 455.43 through 455.47 are added to subpart C to read 
as follows:
Sec. 455.43  Effluent limitations guidelines representing the degree of 
effluent reduction attainable by the application of the best 
conventional pollutant control technology (BCT).
    Except as provided in 40 CFR 125.30 through 125.32, any existing 
point source subject to this subpart must achieve the effluent 
limitations representing the degree of effluent reduction attainable by 
the application of the best conventional pollutant control technology.
    (a) Except as provided in paragraph (b) of this section, the BCT 
limitations are established as follows: There shall be no discharge of 
process wastewater pollutants to navigable waters.

    Note: For existing PFPR/Manufacturer facilities, as defined in 
Sec. 455.10(p), which are also subject to the provisions of 
Secs. 455.23, zero discharge means that permitting authorities shall 
provide no discharge additional discharge allowance for those 
pesticide active ingredients (PAIs) in the pesticide formulating, 
packaging and repackaging wastewaters when those PAIs are also 
manufactured at the same facility.


[[Page 57551]]


    (b) Any existing facility subject to paragraph (a) of this section 
may have a pollution prevention allowable discharge, as defined in 
Sec. 455.41(e), of wastewater pollutants to navigable waters if the 
discharger agrees to NPDES permit conditions as follows:
    (1) The discharger will meet the requirements of the Pollution 
Prevention Alternative listed in Table 8 to this Part 455 (or received 
a modification by Best Professional Judgement for modifications not 
listed in Table 8 of this Part 455);
    (2) The discharger will notify its NPDES permit writer at the time 
of renewal or modification of its permit, of its intent to utilize the 
Pollution Prevention Alternative by submitting to the NPDES permit 
writer an initial certification statement as described in 
Sec. 455.41(a);
    (3) The discharger will submit to its NPDES permitting authority a 
periodic certification statement as described in Sec. 455.41(b) once 
each year of operation; and
     (4) The discharger will maintain at the office of the facility and 
make available for inspection the on-site compliance paperwork as 
described in Sec. 455.41(c).
Sec. 455.44  Effluent limitations guidelines representing the degree of 
effluent reduction attainable by the application of the best available 
control technology economically achievable (BAT).
    Except as provided in 40 CFR 125.30 through 125.32, any existing 
point source subject to this subpart must achieve the effluent 
limitations representing the degree of effluent reduction attainable by 
the application of the best available technology (BAT).
    (a) Except as provided in paragraph (b) of this section, the BAT 
limitations are established as follows: There shall be no discharge of 
process wastewater pollutants to navigable waters.

    Note: For existing PFPR/Manufacturer facilities, as defined in 
Sec. 455.10(p), which are also subject to the provisions of 
Secs. 455.24, zero discharge means that permitting authorities shall 
provide no additional discharge allowance for those pesticide active 
ingredients (PAIs) in the pesticide formulating, packaging and 
repackaging wastewaters when those PAIs are also manufactured at the 
same facility.

    (b) Any existing facility subject to paragraph (a) of this section 
may have a pollution prevention allowable discharge, as defined in 
Sec. 455.41(e), of wastewater pollutants to navigable waters if the 
discharger agrees to NPDES permit conditions as follows:
    (1) The discharger will meet the requirements of the Pollution 
Prevention Alternative listed in Table 8 to this Part 455 (or received 
a modification by Best Professional Judgement for modifications not 
listed on Table 8 of this Part 455);
    (2) The discharger will notify its NPDES permitting authority at 
the time of renewal or modification of its permit, of its intent to 
utilize the Pollution Prevention Alternative by submitting to the NPDES 
permit writer an initial certification statement as described in 
Sec. 455.41(a);
    (3) The discharger will submit to its NPDES permit writer a 
periodic certification statement as described in Sec. 455.41(b) once 
each year of operation; and
     (4) The discharger will maintain at the office of the facility and 
make available for inspection the on-site compliance paperwork as 
described in Sec. 455.41(c).
Sec. 455.45  New Source Performance Standards (NSPS).
    (a) Any new source, except as provided in paragraph (b) of this 
section, subject to this subpart which discharges process wastewater 
must meet the following standards: There shall be no discharge of 
process wastewater pollutants to navigable waters.

    Note: For new PFPR/Manufacturer facilities, as defined in 
Sec. 455.10(p), which are also subject to the provisions of 
Secs. 455.25, zero discharge means that permitting authorities shall 
provide no additional discharge allowance for those pesticide active 
ingredients (PAIs) in the pesticide formulating, packaging and 
repackaging wastewaters when those PAIs are also manufactured at the 
same facility.

    (b) Any new source subject to paragraph (a) of this section may 
have a pollution prevention allowable discharge, as defined in 
Sec. 455.41(e), of wastewater pollutants to navigable waters if the 
discharger agrees to NPDES permit conditions as follows:
    (1) The discharger will meet the requirements of the Pollution 
Prevention Alternative listed in Table 8 to this Part 455 (or received 
a modification by Best Professional Judgement for modifications not 
listed in Table 8 of this Part 455);
    (2) The discharger will notify its NPDES permit writer at the time 
of submitting its application for a permit, of its intent to utilize 
the Pollution Prevention Alternative by submitting to the NPDES permit 
writer an initial certification statement as described in 
Sec. 455.41(a);
    (3) The discharger will submit to its NPDES permitting authority a 
periodic certification statement as described in Sec. 455.41(b) once 
each year of operation; and
    (4) The discharger will maintain at the office of the facility and 
make available for inspection the on-site compliance paperwork as 
described in Sec. 455.41(c).
Sec. 455.46  Pretreatment standards for existing sources (PSES).
    (a) Except as provided in 40 CFR 403.7 and 403.13 or in paragraph 
(b) of this section, no later than November 6, 1999, any existing 
source subject to this subpart which introduces pollutants into a 
publicly owned treatment works must comply with 40 CFR part 403 and 
achieve PSES as follows: There shall be no discharge of process 
wastewater pollutants.
    (b) Except as provided in 40 CFR 403.7 and 403.13, any existing 
source subject to paragraph (a) of this section which introduces 
pollutants into a publicly owned treatment works must comply with 40 
CFR part 403 and may have a pollution prevention allowable discharge of 
wastewater pollutants, as defined in Sec. 455.41(d), if the discharger 
agrees to control mechanism or pretreatment agreement conditions as 
follows:
    (1) The discharger will meet the requirements of the Pollution 
Prevention Alternative listed in Table 8 to this Part 455 (or received 
a modification by Best Engineering Judgement for modifications not 
listed in Table 8 to this Part 455);
    (2) The discharger will notify its local Control Authority at the 
time of renewing or modifying its individual control mechanism or 
pretreatment agreement of its intent to utilize the Pollution 
Prevention Alternative by submitting to the local Control Authority an 
initial certification statement as described in Sec. 455.41(a);
    (3) The discharger will submit to its local Control Authority a 
periodic certification statement as described in Sec. 455.41(b) during 
the months of June and December of each year of operation; and
    (4) The discharger will maintain at the offices of the facility and 
make available for inspection the on-site compliance paperwork as 
described in Sec. 455.41(c).
    (c) Except as provided in 40 CFR 403.7 and 403.13, any existing 
source subject to Sec. 455.46(b) which introduces pollutants into a 
publicly owned treatment works must comply with 40 CFR part 403 and may 
submit a request to its Control Authority to waive pretreatment of: 
floor wash; and/or a non-reusable final rinse of a triple rinse, if the 
concentrations of pesticide active ingredients and priority pollutants 
in those wastewater sources have been demonstrated to be too low to be 
effectively pretreated at the facility. The Control Authority may waive

[[Page 57552]]

pretreatment for these two wastewaters only if the existing source 
makes the demonstrations and is in compliance with 40 CFR 403.5.


Sec. 455.47  Pretreatment Standards for New Sources (PSNS).

    (a) Except as provided in 40 CFR 403.7 and 403.13 or in paragraph 
(b) of this section, any new source subject to this subpart which 
introduces pollutants into a publicly owned treatment works must comply 
with 40 CFR part 403 and achieve PSNS as follows: There shall be no 
discharge of process wastewater pollutants.
    (b) Except as provided in 40 CFR 403.7 and 403.13, any new source 
subject to paragraph (a) of this section which introduces pollutants 
into a publicly owned treatment works must comply with 40 CFR part 403 
and may have a pollution prevention allowable discharge of wastewater 
pollutants, as defined in Sec. 455.41(d), if the discharger agrees to 
control mechanism or pretreatment agreement conditions as follows:
    (1) The discharger will meet the requirements of the Pollution 
Prevention Alternative listed in Table 8 to this Part 455 (or received 
a modification by Best Engineering Judgement for modifications not 
listed in Table 8 to this Part 455);
    (2) The discharger will notify its local Control Authority at the 
time of submitting its application for an individual control mechanism 
or pretreatment agreement of its intent to utilize the Pollution 
Prevention Alternative by submitting to the local Control Authority an 
initial certification statement as described in Sec. 455.41(a);
    (3) The discharger will submit to its local Control Authority a 
periodic certification statement as described in Sec. 455.41(b) during 
the months of June and December of each year of operation; and
    (4) The discharger will maintain at the offices of the facility and 
make available for inspection the on-site compliance paperwork as 
described in Sec. 455.41(c).
    (c) Except as provided in 40 CFR 403.7 and 403.13, any new source 
subject to paragraph (b) of this section which introduces pollutants 
into a publicly owned treatment works must comply with 40 CFR part 403 
and may submit a request to its Control Authority to waive pretreatment 
of: floor wash; and/or a non-reusable final rinse of a triple rinse, if 
the concentrations of pesticide active ingredients and priority 
pollutants in those wastewater sources have been demonstrated to be too 
low to be effectively pretreated at the facility. The Control Authority 
may waive pretreatment for these two wastewaters only if the new source 
makes the demonstrations and is in compliance with 40 CFR 403.5.
    6. A new subpart E consisting of Secs. 455.60 through 455.67 is 
added to read as follows:
Subpart E--Repackaging of Agricultural Pesticides Performed at 
Refilling Establishments
Sec.
455.60  Applicability; description of the repackaging of 
agricultural pesticides performed by refilling establishments 
subcategory.
455.61  Special Definitions.
455.62  Effluent limitations guidelines representing the degree of 
effluent reduction attainable by the application of the best 
practicable pollutant control technology (BPT).
455.63  Effluent limitations guidelines representing the degree of 
effluent reduction attainable by the application of the best 
conventional pollutant control technology (BCT).
455.64  Effluent limitations guidelines representing the degree of 
effluent reduction attainable by the application of the best 
available technology economically achievable (BAT).
455.65  New source performance standards (NSPS).
455.66  Pretreatment standards for existing sources (PSES).
455.67  Pretreatment standards for new sources (PSNS).

Subpart E--Repackaging of Agricultural Pesticides Performed at 
Refilling Establishments


Sec. 455.60  Applicability; description of repackaging of agricultural 
pesticides performed by refilling establishments subcategory.

    (a) The provisions of this subpart are applicable to discharges 
resulting from all repackaging of agricultural pesticides performed by 
refilling establishments, as defined in Sec. 455.10; whose primary 
business is wholesale or retail sales; and where no pesticide 
manufacturing, formulating or packaging occurs, except as provided in 
paragraphs (b), (c) and (d) of this section.
    (b) The provisions of this subpart do not apply to wastewater 
discharges from custom application or custom blending, as defined in 40 
CFR 167.3.
    (c) The provisions of this subpart do not apply to wastewater 
discharges from: the operation of employee showers and laundry 
facilities; the testing of fire protection equipment; the testing and 
emergency operation of safety showers and eye washes; or storm water.
    (d) The provisions of this subpart do not apply to wastewater 
discharges from the repackaging of microorganisms or Group 1 Mixtures, 
as defined under Sec. 455.10, or non-agricultural pesticide products.


Sec. 455.61  Special definitions.

    Process wastewater, for this subpart, means all wastewater except 
for sanitary water and those wastewaters excluded from the 
applicability of the rule in Sec. 455.60.


Sec. 455.62  Effluent limitations guidelines representing the degree of 
effluent reduction attainable by the application of the best 
practicable pollutant control technology (BPT).

    Except as provided in 40 CFR 125.30 through 125.32, any existing 
point source subject to this subpart must achieve effluent limitations 
representing the degree of effluent reduction attainable by the 
application of the best practicable pollutant control technology: There 
shall be no discharge of process wastewater pollutants.


Sec. 455.63  Effluent limitations guidelines representing the degree of 
effluent reduction attainable by the application of the best 
conventional pollutant control technology (BCT).

    Except as provided in 40 CFR 125.30 through 125.32, any existing 
point source subject to this subpart must achieve effluent limitations 
representing the degree of effluent reduction attainable by the 
application of the best conventional pollution control technology: 
There shall be no discharge of process wastewater pollutants.


Sec. 455.64  Effluent limitations guidelines representing the degree of 
effluent reduction attainable by the application of the best available 
technology economically achievable (BAT).

    Except as provided in 40 CFR 125.30 through 125.32, any existing 
point source subject to this subpart must achieve effluent limitations 
representing the degree of effluent reduction attainable by the 
application of the best available technology economically achievable: 
There shall be no discharge of process wastewater pollutants.


Sec. 455.65  New source performance standards (NSPS).

    Any new source subject to this subpart which discharges process 
wastewater pollutants must meet the following standards: There shall be 
no discharge of process wastewater pollutants.


Sec. 455.66  Pretreatment standards for existing sources (PSES).

    Except as provided in 40 CFR 403.7 and 403.13, no later than 
November 6, 1999 subpart which introduces pollutants into a publicly 
owned treatment works must comply with 40

[[Page 57553]]

CFR part 403 and achieve the pretreatment standards for existing 
sources as follows: There shall be no discharge of process wastewater 
pollutants.


Sec. 455.67  Pretreatment standards for new sources (PSNS).

    Except as provided in 40 CFR 403.7 and 403.13, any new source 
subject to this subpart which introduces pollutants into a publicly 
owned treatment works must comply with 40 CFR part 403 and achieve the 
pretreatment standards for existing sources as follows: There shall be 
no discharge of process wastewater pollutants.
    7. Tables 8, 9, and 10 are added to part 455 to read as follows:

Table 8 to Part 455--List of Pollution Prevention Alternative Practices

    A modification to the list of practices on this table that an 
individual facility must comply with to be eligible for the pollution 
prevention alternative is allowed with acceptable justification as 
listed on this table as approved by the permit writer or control 
authority (using BPJ/BEJ) after submittal by the facility of a request 
for modification. A modification, for purposes of this table, means 
that a facility would no longer have to perform a listed practice or 
would need to comply with a modified practice. However, the 
modification only applies to the specific practice for which the 
modification has been justified and to no other listed practices. 
Facilities are required to thoroughly discuss all modifications in the 
on-site compliance paperwork as described above in the limitations and 
standards (Sec. 455.41(c)).
    1. Must use water conservation practices. These practices may 
include, but are not limited to using: spray nozzles or flow reduction 
devices on hoses, low volume/high pressure rinsing equipment, floor 
scrubbing machines, mop(s) and bucket(s), and counter current staged 
drum rinsing stations.

[Modification allowed when: Rinsing narrow transfer lines or piping 
where sufficient rinsing is better achieved by flushing with water.]
    2. Must practice good housekeeping:
    (a) Perform preventative maintenance on all valves and fittings and 
repair leaky valves and fittings in a timely manner;
    (b) Use drip pans under any valves or fittings where hoses or lines 
are routinely connected and disconnected, collect for reuse when 
possible; and
    (c) Perform quick cleanup of leaks and spills in outdoor bulk 
storage or process areas.
    3. Must sweep or vacuum dry production areas prior to rinsing with 
water.
    4. Must clean interiors of dry formulation equipment with dry 
carrier prior to any water rinse. The carrier material must be stored 
and reused in future formulation of the same or compatible product or 
properly disposed of as solid waste.
    5. If operating continuous overflow Department of Transportation 
(DOT) aerosol leak test baths-->
    Must operate with some recirculation.
    6. If operating air pollution control wet scrubbers-->
    Must operate as recirculating scrubbers (periodic blowdown is 
allowed as needed).

[Modification allowed when: Facility demonstrates that they would not 
be able to meet Resource Conservation Recovery Act or Clean Air Act 
(CAA) requirements.]

    7. When performing rinsing of raw material drums, storage drums, 
and/or shipping containers that contained liquid PAI(s) and/or inert 
ingredients for the formulation of water-based products-->
    Must reuse the drum/shipping container rinsate DIRECTLY into the 
formulation at the time of formulation; or store for use in future 
formulation of same or compatible product; or use a staged drum rinsing 
station (counter current rinsing).

[Modification allowed when: the drum/shipping container holds inert 
ingredient(s) only and (1) the facility can demonstrate that, after 
using water conservation practices, the large concentration of inert 
ingredient in the formulation creates more volume than could feasibly 
be reused; or (2) the facility can demonstrate that the concentration 
of the inert in the formulation is so small that the reuse would cause 
a formulation to exceed the ranges allowed in the Confidential 
Statement of Formula (CSF) (40 CFR 158.155).]

    8. When performing rinsing of raw material drums, storage drums, 
and/or shipping containers that contained liquid PAI(s) and/or inert 
ingredients for the formulation of solvent-based products-->
    Must reuse the drum/shipping container rinsate DIRECTLY into the 
formulation at the time of formulation or store for use in future 
formulation of same or compatible product.

[Modification allowed when:

    (a) The drum/shipping container holds inert ingredient(s) only and: 
(1) The facility can demonstrate that, after using water conservation 
practices, the large concentration of inert ingredient in the 
formulation creates more volume than could feasibly be reused; or (2) 
the facility can demonstrate that the concentration of the inert in the 
formulation is so small that the reuse would cause a formulation to 
exceed the ranges allowed in the Confidential Statement of Formula 
(CSF) (40 CFR 158.155); or
    (b) Drums/shipping containers are going to a drum refurbisher/
recycler who will only accept drums rinsed with water.]
    9. Must dedicate PFPR production equipment by water-based versus 
solvent-based products. Dedicated solvent-based or water-based 
equipment may be used on a non-routine basis for non-dedicated 
operations; however the facility may not discharge the solvent/aqueous 
changeover rinsate as part of their P2 allowable discharge (i.e., the 
facility must achieve zero discharge of those process wastewater 
pollutants).

[Modification allowed when: Facility has installed and is using a 
solvent recovery system for the changeover rinsate (can also be used 
for other solvent recovery).]

    10. Must store the rinsate from interior rinsing (does not include 
drum/shipping container rinsate) for reuse in future formulation of 
same or compatible product.

[Modification allowed when:

    (a) Facility has evidence of biological growth or other product 
deterioration over a typical storage period;
    (b) Facility has space limitations, BUT must still store rinsates 
for most frequently produced products;
    (c) Manufacturer (or formulator contracting for toll formulating) 
has directed otherwise (i.e., send back to them or send for off-site 
disposal);
    (d) Facility is dropping registration or production of the 
formulation and there is no compatible formulation for reuse of the 
rinsates or facility can provide reasonable explanation of why it does 
not anticipate formulation of same or compatible formulation within the 
next 12 months;
    (e) Facility only performs packaging of the pesticide product from 
which interior rinsate is generated; or
    (f) Facility has demonstrated that it must use a detergent to clean 
the equipment.]

Notes

    For indirect dischargers: After following the practices above, 
some wastewaters may require pretreatment prior to discharge to 
POTWs. See definition of pollution prevention allowable discharge 
for indirect dischargers (Sec. 455.41(d)).

[[Page 57554]]

    For direct dischargers: After following the practices above, all 
wastewaters require treatment prior to discharge directly to the 
nation's waters. See definition of pollution prevention allowable 
discharge for direct dischargers (Sec. 455.41(e)).
    Additional information and guidance on implementing these P2 
practices as well as evaluating compliance with these practices will 
be available in a P2 Guidance Manual for the PFPR Industry.

                 Table 9 to Part 455.--Group 2 Mixtures                 
------------------------------------------------------------------------
          Shaughnessey code                    Chemical name\1\         
------------------------------------------------------------------------
002201..............................  Sabadilla alkaloids.              
006501..............................  Aromatic petroleum derivative     
                                       solvent.                         
006602..............................  Heavy aromatic naphtha.           
016601\2\...........................  Dry ice.                          
022003..............................  Coal tar.                         
025001..............................  Coal tar neutral oils.            
025003..............................  Creosote oil (Note: Derived from  
                                       any source).                     
025004..............................  Coal tar creosote.                
031801..............................  Ammonium salts of C8-18 and C18'  
                                       fatty acids.                     
055601..............................  BNOA.                             
063501..............................  Kerosene.                         
063502..............................  Mineral oil--includes paraffin oil
                                       from 063503.                     
063503..............................  Petroleum distillate, oils,       
                                       solvent, or hydrocarbons; also p.
063506..............................  Mineral spirits.                  
067003..............................  Terpineols (unspec.).             
067205..............................  Pine tar oil.                     
067207..............................  Ester gum.                        
067302..............................  Amines, N-coco alkyltrimethylenedi-
                                       , acetates.                      
069152..............................  Amines, coco alkyl,               
                                       hydrochlorides.                  
070801..............................  Red Squill glycoside.             
071004..............................  Cube Resins other than rotenone.  
071501..............................  Ryania speciosa, powdered stems   
                                       of.                              
072602 \2\..........................  Silica gel.                       
072605 \2\..........................  Silicon dioxide.                  
079014..............................  Turkey red oil.                   
079021..............................  Potassium salts of fatty acids.   
079029..............................  Fatty alcohols (52-61% C10, 39-46%
                                       C8, 0-3% C6, 0-3% C12).          
079034..............................  Methyl esters of fatty acids (100%
                                       C8-C12)                          
079059..............................  Fatty alcohols (54.5% C10, 45.1%  
                                       C8, 0.4% C6)                     
086803..............................  Xylene range aromatic solvent     
107302..............................  Polyhedral inclusion bodies of    
                                       Douglas fir tussock moth nucl.   
107303..............................  Polyhedral inclusion bodies of    
                                       gypsy moth nucleopolyhedrosis.   
107304..............................  Polyhedral inclusion bodies of n. 
                                       sertifer                         
116902..............................  Gibberellin A4 mixt. with         
                                       Gibberellin A7.                  
117001..............................  Nosema locustae.                  
128888..............................  Lactofen (ANSI).                  
128934\2\...........................  Nitrogen, liquid.                 
129029..............................  Bergamot Oil.                     
224600..............................  Diethanolamides of the fatty acids
                                       of coconut oil (coded 079).      
505200..............................  Isoparaffinic hydrocarbons.       
------------------------------------------------------------------------
\1\ Shaughnessey codes and chemical names are taken directly from the   
  FATES database. Several chemical names are truncated because the      
  chemical names listed in the FATES database are limited to 60         
  characters.                                                           
\2\ EPA does not believe this PAI will persist in sanitary streams long 
  enough to reach a POTW.                                               

Table 10 to Part 455--List of Appropriate Pollution Control 
Technologies

    This table contains those pollutant control technologies, such as 
hydrolysis, chemical oxidation, precipitation and activated carbon 
adsorption, which have been used for estimating compliance costs on a 
PAI specific basis. In general, these treatment technologies have been 
determined to be effective in treating pesticide containing wastewaters 
in literature, in bench or pilot scale treatability studies or in the 
Pesticide Manufacturing effluent guidelines. These are the same 
technologies that are presented as part of the Universal Treatment 
System. However, these technologies are PAI specific and may need to be 
used in conjunction with one another to provide treatment for all PAIs 
used at a facility over a period of time. In addition, facilities may 
experience difficulties treating wastewaters that contain emulsions, 
therefore, ``appropriate'' treatment for emulsified wastewaters must 
include an emulsion breaking step. For PAIs whose technology is listed 
as ``Pollution Prevention'', the permitting authority/control authority 
can determine if additional treatment is necessary through best 
professional judgement/best engineering judgement, respectively.

                  Table 10 to Part 455.--List of Appropriate Pollution Control Technologies \1\                 
----------------------------------------------------------------------------------------------------------------
                                    PAI      Shaughnessy    Structural group                                    
          PAI name \2\              code      code \4\             \5\                Treatment technology      
------------------------------------\3\-------------------------------------------------------------------------
Dicofol.........................      001           10501  DDT...............  Hydrolysis.                      
Maleic Hydrazide................      002           51501  Hydrazide.........  Activated Carbon.                
EDB.............................      003           42002  EDB...............  Activated Carbon.                
Vancide TH......................      004           82901  s-Triazine........  Activated Carbon.                
1,3-Dichloropropene.............      005           29001  EDB...............  Hydrolysis.                      
Thenarsazine Oxide..............      006           12601  Organoarsenic.....  Precipitation.                   
Dowicil 75......................      007           17901  NR4...............  Activated Carbon.                
Triadimefon.....................      008          109901  s-Triazine........  Activated Carbon.                
Hexachlorophene.................      009           44901  Chlorophene.......  Activated Carbon.                
Tetrachlorophene................      010  ..............  Chlorophene.......  Activated Carbon.                
Dichlorophene...................      011           55001  Chlorophene.......  Activated Carbon.                
Dichlorvos......................      012           84001  Phosphate.........  Hydrolysis.                      
Landrin-2.......................      013  ..............  Carbamate.........  Activated Carbon.                
2,3,6-T, S&E or Fenac...........      014           82605  2,4-D.............  Activated Carbon.                
2,4,5-T and 2,4,5-T, S&E........      015             (*)  2,4-D.............  Activated Carbon.                
2,4-D (2,4-D, S&E)..............      016             (*)  2,4-D.............  Chemical Oxidation.              
2,4-DB, S&E.....................      017             (*)  2,4-D.............  Activated Carbon.                
Dyrene or Anilazine.............      018           80811  s-Triazine........  Activated Carbon.                
Dinocap.........................      019           36001  Phenylcrotonate...  Activated Carbon.                
Dichloran or DCNA...............      020           31301  Aryl Halide.......  Activated Carbon.                
Busan 90........................      021            8707  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Mevinphos.......................      022           15801  Phosphate.........  Hydrolysis.                      
Sulfallate......................      023  ..............  Dithiocarbamate...  Activated Carbon.                

[[Page 57555]]

                                                                                                                
Chlorfenvinphos.................      024           84101  Phosphate.........  Activated Carbon.                
Cyanazine or Bladex.............      025          100101  s-Triazine........  Activated Carbon.                
Propachlor......................      026           19101  Acetanilide.......  Activated Carbon.                
MCPA, S&E.......................      027             (*)  2,4-D.............  Activated Carbon.                
Octhilinone.....................      028           99901  Heterocyclic......  Activated Carbon.                
Pindone.........................      029           67703  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Dichlorprop, S&E................      030             (*)  2,4-D.............  Activated Carbon.                
MCPP, S&E or Mecoprop...........      031             (*)  2,4-D.............  Activated Carbon.                
Thiabendazole...................      032           60101  Heterocyclic......  Activated Carbon.                
Belclene 310....................      033           80815  s-Triazine........  Activated Carbon.                
Chlorprop, S&E..................      034           21202  2,4-D.............  Activated Carbon.                
Busan 72 or TCMTB...............      035           35603  Heterocyclic......  Hydrolysis.                      
Chlorophacinone.................      037           67707  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Landrin-1.......................      038  ..............  Carbamate.........  Activated Carbon.                
Pronamide.......................      039          101701  Chlorobenzamide...  Activated Carbon.                
Methiocarb or Mesurol...........      040          100501  Carbamate.........  Hydrolysis.                      
Propanil........................      041           28201  Chloropropionanili  Activated Carbon.                
                                                            de.                                                 
Polyphase \6\...................      042          107801  Carbamate.........  Activated Carbon.                
Coumafuryl or Fumarin...........      043           86001  Coumarin..........  Activated Carbon.                
DNOC............................      044  ..............  Phenol............  Activated Carbon.                
Metribuzin......................      045          101101  Triazathione......  Activated Carbon.                
CPA, S&E........................      046             (*)  2,4-D.............  Activated Carbon.                
MCPB, S&E.......................      047           19202  2,4-D.............  Activated Carbon.                
Aminocarb.......................      048  ..............  Carbamate.........  Hydrolysis.                      
Etridiazole.....................      049           84701  Heterocyclic......  Activated Carbon.                
Ethoxyquin......................      050           55501  Quinolin..........  Activated Carbon.                
Acephate or Orthene.............      052          103301  Phosphoroamidothio  Activated Carbon.                
                                                            ate.                                                
Acifluorfen.....................      053          114402  Benzoic Acid......  Activated Carbon.                
Alachlor........................      054           90501  Acetanilide.......  Activated Carbon.                
Aldicarb........................      055           98301  Carbamate.........  Hydrolysis.                      
Allethrin.......................      057             (*)  Pyrethrin.........  Activated Carbon.                
Ametryn.........................      058           80801  s-Triazine........  Activated Carbon.                
Amitraz.........................      059          106201  Iminamide.........  Activated Carbon.                
Atrazine........................      060           80803  s-Triazine........  Hydrolysis.                      
Bendiocarb......................      061          105201  Carbamate.........  Hydrolysis.                      
Benomyl.........................      062           99101  Carbamate.........  Hydrolysis.                      
BHC.............................      063  ..............  Lindane...........  Hydrolysis.                      
Benzyl Benzoate.................      064            9501  Ester.............  Activated Carbon.                
Lethane 60......................      065  ..............  Thiocyanate.......  Activated Carbon.                
Bifenox.........................      066          104301  Nitrobenzoate.....  Activated Carbon.                
Biphenyl........................      067           17002  Aryl..............  Activated Carbon.                
Bromacil (Lithium Salt).........      068             (*)  Uracil............  Activated Carbon.                
Bromoxynil......................      069             (*)  Benzonitrile......  Activated Carbon.                
Butachlor.......................      070  ..............  Acetanilide.......  Activated Carbon.                
Giv-gard........................      071          101401  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Cacodylic Acid..................      072             (*)  Organoarsenic.....  Precipitation.                   
Captafol........................      073  ..............  Phthalimide.......  Hydrolysis.                      
Captan..........................      074           81301  Phthalimide.......  Hydrolysis.                      
Carbaryl........................      075           56801  Carbamate.........  Hydrolysis.                      
Carbofuran......................      076           90601  Carbamate.........  Hydrolysis.                      
Carbosulfan.....................      077  ..............  Carbamate.........  Activated Carbon.                
Chloramben......................      078             (*)  Benzoic Acid......  Activated Carbon.                
Chlordane.......................      079           58201  Tricyclic.........  Activated Carbon.                
Chloroneb.......................      080           27301  Aryl Halide.......  Chemical Oxidation.              
Chloropicrin....................      081           81501  Alkyl Halide......  Chemical Oxidation.              
Chlorothalonil..................      082           81901  Chloropropionanili  Activated Carbon.                
                                                            de.                                                 
Chloroxuron.....................      083  ..............  Urea..............  Activated Carbon.                
Stirofos........................      084           83701  Phosphate.........  Hydrolysis.                      
Chlorpyrifos Methyl.............      085           59102  Phosphorothioate..  Hydrolysis.                      
Chlorpyrifos....................      086           59101  Phosphorothioate..  Chemical Oxidation.              
Mancozeb........................      087           14504  Dithiocarbamate...  Activated Carbon.                
Bioquin (Copper)................      088           24002  Organocopper......  Precipitation.                   
Copper EDTA.....................      089           39105  Organocopper......  Precipitation.                   
Pydrin or Fenvalerate...........      090          109301  Pyrethrin.........  Activated Carbon.                
Cycloheximide...................      091  ..............  Cyclic Ketone.....  Activated Carbon.                
Dalapon.........................      092             (*)  Alkyl Halide......  Activated Carbon.                
Dienochlor......................      093           27501  HCp...............  Activated Carbon.                
Demeton.........................      094  ..............  Phosphorothioate..  Hydrolysis.                      
Desmedipham.....................      095          104801  Carbamate.........  Hydrolysis.                      
Amobam..........................      096  ..............  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
DBCP............................      097  ..............  EDB...............  Activated Carbon.                

[[Page 57556]]

                                                                                                                
Dicamba.........................      098             (*)  Aryl Halide.......  Activated Carbon.                
Dichlone........................      099           29601  Quinone...........  Activated Carbon.                
Thiophanate Ethyl...............      100          103401  Carbamate.........  Hydrolysis.                      
Perthane........................      101  ..............  DDT...............  Activated Carbon.                
EXD.............................      102  ..............  Dithiocarbamate...  Activated Carbon.                
Diazinon........................      103           57801  Phosphorothioate..  Hydrolysis.                      
Diflubenzuron...................      104          108201  Urea..............  Activated Carbon.                
Dimethoate......................      106           35001  Phosphorodithioate  Hydrolysis.                      
Parathion Methyl................      107           53501  Phosphorothioate..  Hydrolysis.                      
Dicrotophos.....................      108           35201  Phosphate.........  Activated Carbon.                
Crotoxyphos.....................      109           58801  Phosphate.........  Activated Carbon.                
DCPA............................      110           78701  Aryl Halide.......  Activated Carbon.                
Trichlorofon....................      111           57901  Phosphonate.......  Activated Carbon.                
Dinoseb.........................      112           37505  Phenol............  Activated Carbon.                
Dioxathion......................      113           37801  Phosphorodithioate  Hydrolysis.                      
Diphacinone.....................      114           67701  Indandione........  Activated Carbon.                
Diphenamide.....................      115           36601  Acetamide.........  Activated Carbon.                
Diphenylamine...................      116           38501  Aryl Amine........  Activated Carbon.                
MGK 326.........................      117           47201  Ester.............  Activated Carbon.                
Nabonate........................      118           63301  Isocyanate........  Chemical Oxidation.              
Diuron..........................      119           35505  Urea..............  Activated Carbon.                
Metasol DGH.....................      120           44303  NR4...............  Activated Carbon.                
Dodine..........................      121           44301  NR4...............  Activated Carbon.                
Endosulfan......................      122           79401  Tricyclic.........  Activated Carbon.                
Endothall (Endothall S&E).......      123             (*)  Bicyclic..........  Activated Carbon.                
Endrin..........................      124           41601  Tricyclic.........  Activated Carbon.                
Ethalfluralin...................      125          113101  Toluidine.........  Activated Carbon.                
Ethion..........................      126           58401  Phosphorodithioate  Hydrolysis.                      
Ethoprop........................      127           41101  Phosphorodithioate  Activated Carbon.                
Fenamiphos......................      128          100601  Phosphoroamidate..  Activated Carbon.                
Chlorobenzilate.................      129           28801  Aryl Halide.......  Activated Carbon.                
Butylate........................      130           41405  Thiocarbamate.....  Activated Carbon.                
Famphur.........................      131  ..............  Phosphorothioate..  Hydrolysis.                      
Fenarimol.......................      132          206600  Pyrimidine........  Activated Carbon.                
Fenthion or Baytex..............      133           53301  Phosphorothioate..  Hydrolysis.                      
Ferbam..........................      134           34801  Dithiocarbamate...  Activated Carbon.                
Fluometuron.....................      135           35503  Urea..............  Activated Carbon.                
Fluoroacetamide.................      136  ..............  Acetamide.........  Activated Carbon.                
Folpet..........................      137           81601  Phthalimide.......  Hydrolysis.                      
Glyphosate (Glyphosate S&E).....      138             (*)  Phosphoroamidate..  Chemical Oxidation.              
Glyphosine......................      139  ..............  Phosphoroamidate..  Activated Carbon.                
Heptachlor......................      140           44801  Tricyclic.........  Activated Carbon.                
Cycloprate......................      141  ..............  Thiocarbamate.....  Activated Carbon.                
Hexazinone......................      142          107201  s-Triazine........  Activated Carbon.                
Isofenphos......................      143          109401  Phosphoroamidothio  Activated Carbon.                
                                                            ate.                                                
Isopropalin.....................      144          100201  Toluidine.........  Activated Carbon.                
Propham.........................      145  ..............  Carbamate.........  Hydrolysis.                      
Karabutilate....................      146           97401  Carbamate.........  Hydrolysis.                      
Lindane.........................      147            9001  Lindane...........  Activated Carbon.                
Linuron.........................      148           35506  Urea..............  Chemical Oxidation.              
Malachite Green.................      149           39504  NR4...............  Activated Carbon.                
Malathion.......................      150           57701  Phosphorodithioate  Hydrolysis.                      
Maneb...........................      151           14505  Dithiocarbamate...  Activated Carbon.                
Manam...........................      152  ..............  Dithiocarbamate...  Activated Carbon.                
Mefluidide......................      153          114002  Carbamate.........  Activated Carbon.                
Methamidophos...................      154          101201  Phosphoroamidothio  Activated Carbon.                
                                                            ate.                                                
Methidathion....................      155          100301  Phosphorodithioate  Activated Carbon.                
Methomyl........................      156           90301  Carbamate.........  Hydrolysis.                      
Methoprene......................      157             (*)  Ester.............  Activated Carbon.                
Methoxychlor....................      158           34001  DDT...............  Hydrolysis.                      
Methyl Bromide..................      160           53201  Alkyl Halide......  Activated Carbon.                
Monosodium Methyl Arsenate......      161             (*)  Organoarsenic.....  Precipitation.                   
Nalco D-2303....................      163           68102  Thiocyanate.......  Activated Carbon.                
Quinomethionate.................      164           54101  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Metolachlor.....................      165          108801  Acetanilide.......  Activated Carbon.                
Mexacarbate.....................      166  ..............  Carbamate.........  Hydrolysis.                      
Metiram.........................      167           14601  Dithiocarbamate...  Activated Carbon.                
Monuron TCA.....................      168           35502  Urea..............  Activated Carbon.                
Monuron.........................      169           35501  Urea..............  Activated Carbon.                
Napropamide.....................      170          103001  Carbamate.........  Activated Carbon.                
Deet............................      171           80301  Toluamide.........  Activated Carbon.                

[[Page 57557]]

                                                                                                                
Nabam...........................      172           14503  Dithiocarbamate...  Chemical Oxidation.              
Naled...........................      173           34401  Phosphate.........  Hydrolysis.                      
Norea...........................      174  ..............  Urea..............  Activated Carbon.                
Norflurazon.....................      175          105801  Heterocyclic......  Activated Carbon.                
Naptalam or Neptalam............      176           30703  Phthalamide.......  Activated Carbon.                
MGK 264.........................      177           57001  Bicyclic..........  Activated Carbon.                
Benfluralin.....................      178           84301  Toluidine.........  Activated Carbon.                
Sulfotepp.......................      179           79501  Phosphorothioate..  Activated Carbon.                
Aspon...........................      180  ..............  Phosphorothioate..  Activated Carbon.                
Coumaphos.......................      181           36501  Phosphorothioate..  Hydrolysis.                      
Fensulfothion...................      182           32701  Phosphorothioate..  Hydrolysis.                      
Disulfoton......................      183           32501  Phosphorodithioate  Hydrolysis.                      
Fenitrothion....................      184          105901  Phosphorothioate..  Hydrolysis.                      
Phosmet.........................      185           59201  Phosphorodithioate  Hydrolysis.                      
Azinphos Methyl (Guthion).......      186           58001  Phosphorodithioate  Hydrolysis.                      
Oxydemeton Methyl...............      187           58702  Phosphorothioate..  Activated Carbon.                
Organo-Arsenic Pesticides.......      188  ..............  Organoarsenic.....  Precipitation.                   
Organo-Cadmium Pesticides.......      189  ..............  Organocadmium.....  Precipitation                    
Organo-Copper Pesticides........      190             (*)  Organocopper......  Precipitation.                   
Organo-Mercury Pesticides.......      191             (*)  Organomercury.....  Precipitation.                   
Organo-Tin Pesticides...........      192             (*)  Organotin.........  Precipitation.                   
o-Dichlorobenzene...............      193           59401  Aryl Halide.......  Activated Carbon.                
Oryzalin........................      194          104201  Sulfanilamide.....  Activated Carbon.                
Oxamyl..........................      195          103801  Carbamate.........  Hydrolysis.                      
Oxyfluorfen.....................      196          111601  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Bolstar.........................      197          111501  Phosphorodithioate  Activated Carbon.                
Sulprofos Oxon..................      198  ..............  Phosphorothioate..  Hydrolysis.                      
Santox (EPN)....................      199           41801  Phosphorodithioate  Hydrolysis.                      
Fonofos.........................      200           41701  Phosphorodithioate  Hydrolysis.                      
Propoxur........................      201           47802  Carbamate.........  Hydrolysis.                      
p-Dichlorobenzene...............      202           61501  Aryl Halide.......  Activated Carbon.                
Parathion Ethyl.................      203           57501  Phosphorothioate..  Hydrolysis.                      
Pendimethalin...................      204          108501  Benzeneamine......  Activated Carbon.                
PCNB............................      205           56502  Aryl Halide.......  Activated Carbon.                
PCP or Penta....................      206             (*)  Phenol............  Activated Carbon.                
Perfluidone.....................      207  ..............  Sulfonamide.......  Activated Carbon.                
Permethrin......................      208          109701  Pyrethrin.........  Activated Carbon.                
Phenmedipham....................      209           98701  Carbamate.........  Hydrolysis.                      
Nemazine........................      210           64501  Heterocyclic......  Activated Carbon.                
Phorate.........................      212           57201  Phosphorodithioate  Hydrolysis.                      
Phosalone.......................      213           97701  Phosphorodithioate  Hydrolysis.                      
Phosphamidon....................      214           18201  Phosphate.........  Hydrolysis.                      
Picloram........................      215             (*)  Pyridine..........  Activated Carbon.                
Piperonyl Butoxide..............      216           67501  Ester.............  Activated Carbon.                
PBED or WSCP (Busan 77).........      217           69183  NR4...............  Activated Carbon.                
Busan 85 or Arylane.............      218           34803  Dithiocarbamate...  Chemical Oxidation.              
Busan 40........................      219          102901  Dithiocarbamate...  Chemical Oxidation.              
KN Methyl.......................      220           39002  Dithiocarbamate...  Chemical Oxidation.              
Metasol J26.....................      221          101301  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Profenofos......................      222          111401  Phosphorothioate..  Activated Carbon.                
Prometon or Caparol.............      223           80804  s-Triazine........  Chemical Oxidation.              
Prometryn.......................      224           80805  s-Triazine........  Activated Carbon.                
Propargite......................      225           97601  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Propazine.......................      226           80808  s-Triazine........  Activated Carbon.                
Propionic Acid..................      227           77702  Alkyl Acid........  Activated Carbon.                
Previcur N......................      228          119301  Carbamate.........  Hydrolysis.                      
Pyrethrin Coils.................      229           69004  Pyrethrin.........  Activated Carbon.                
Pyrethrum I.....................      230           69001  Pyrethrin.........  Hydrolysis.                      
Pyrethrum II....................      231           69002  Pyrethrin.........  Hydrolysis.                      
Pyrethrins......................      232             (*)  Pyrethrin.........  Hydrolysis.                      
Resmethrin......................      233             (*)  Pyrethrin.........  Activated Carbon.                
Fenchlorphos or Ronnel..........      234           58301  Phosphorothioate..  Hydrolysis.                      
Mexide or Rotenone..............      235           71003  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
DEF.............................      236           74801  Phosphorotrithioat  Activated Carbon.                
                                                            e.                                                  
Siduron or Tupersan.............      237           35509  Urea..............  Activated Carbon.                
Silvex..........................      238             (*)  2,4-D.............  Activated Carbon.                
Simazine........................      239           80807  s-Triazine........  Activated Carbon.                
Sodium Bentazon.................      240          103901  Heterocyclic......  Chemical Oxidation.              
Carbam-S or Sodam...............      241           34804  Dithiocarbamate...  Chemical Oxidation.              
Sodium Fluoroacetate............      242           75003  Acetamide.........  Activated Carbon.                
Vapam or Metham Sodium..........      243           39003  Dithiocarbamate...  Chemical Oxidation.              

[[Page 57558]]

                                                                                                                
Sulfoxide.......................      244           57101  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Cycloate or Ro-Neet.............      245           41301  Thiocarbamate.....  Activated Carbon.                
EPrecipitationC or Eptam........      246           41401  Thiocarbamate.....  Activated Carbon.                
Molinate........................      247           41402  Thiocarbamate.....  Activated Carbon.                
Pebulate or Tillman.............      248           41403  Thiocarbamate.....  Activated Carbon.                
Vernolate or Vernam.............      249           41404  Thiocarbamate.....  Activated Carbon.                
HPrecipitationMS................      250           35604  Thiosulphonate....  Activated Carbon.                
Bensulide or Betesan............      251            9801  Phosphorodithioate  Activated Carbon.                
Tebuthiuron.....................      252          105501  Urea..............  Activated Carbon.                
Temephos........................      253           59001  Phosphorothioate..  Hydrolysis.                      
Terbacil........................      254           12701  Uracil............  Activated Carbon.                
Terbufos or Counter.............      255          105001  Phosphorodithioate  Activated Carbon.                
Terbuthylazine..................      256           80814  s-Triazine........  Activated Carbon.                
Terbutryn.......................      257           80813  s-Triazine........  Activated Carbon.                
Tetrachlorophenol...............      258           63004  Phenol............  Activated Carbon.                
Dazomet.........................      259           35602  Heterocyclic......  Chemical Oxidation.              
Thiophanate Methyl..............      260          102001  Carbamate.........  Hydrolysis.                      
Thiram..........................      261           79801  Dithiocarbamate...  Activated Carbon.                
Toxaphene.......................      262           80501  Bicyclic..........  Activated Carbon.                
Merphos.........................      263           74901  Phosphorotrithioat  Hydrolysis.                      
                                                            e.                                                  
Trifluralin or Treflan..........      264           36101  Toluidine.........  Activated Carbon.                
Warfarin........................      265             (*)  Coumarin..........  Activated Carbon.                
Zinc MBT........................      266           51705  Organozinc........  Precipitation.                   
Zineb...........................      267           14506  Dithiocarbamate...  Activated Carbon.                
Ziram...........................      268           34805  Dithiocarbamate...  Activated Carbon.                
Triallate.......................      269           78802  Thiocarbamate.....  Activated Carbon.                
Phenothrin......................      270           69005  Pyrethrin.........  Activated Carbon.                
Tetramethrin....................      271           69003  Pyrethrin.........  Activated Carbon.                
Chloropropham...................      272           18301  Carbamate.........  Hydrolysis.                      
                                                                                                                
          .Non-272 PAIs                                                                                         
                                                                                                                
CFC 11..........................  .......              13  Alkyl Halide......  Activated Carbon.                
CFC 12..........................  .......              14  Alkyl Halide......  Activated Carbon.                
Polyethylene....................  .......             152  Polymer...........  Activated Carbon.                
Acrolein........................  .......             701  Alcohol...........  Activated Carbon.                
Dimethyl-m-dioxan-4-ol acetate..  .......            1001  Heterocyclic......  Activated Carbon.                
Dodecyl alcohol.................  .......            1509  Alcohol...........  Activated Carbon.                
Tetradecyl alcohol..............  .......            1510  Alcohol...........  Activated Carbon.                
Rosin amine D acetate...........  .......            4201  Alkyl Acid........  Activated Carbon.                
Dihydroabietylamine acetate.....  .......            4213  Alkyl Acid........  Activated Carbon.                
Amitrole........................  .......            4401  Heterocyclic......  Activated Carbon.                
Allyl isothiocyanate............  .......            4901  Thiocyanate.......  Activated Carbon.                
AMS.............................  .......            5501  Inorganic.........  Pollution Prevention.            
Calcium sulfate.................  .......            5602  Inorganic.........  Pollution Prevention.            
Tartar emetic...................  .......            6201  Inorganic.........  Pollution Prevention.            
Diphenylstibene 2-ethylhexanoate  .......            6202  Aryl..............  Activated Carbon.                
Streptomycin....................  .......            6306  Heterocyclic......  Activated Carbon.                
Oxytetracycline hydrochloride...  .......            6308  Phthalamide.......  Activated Carbon.                
Streptomycin sesquisulfate......  .......            6310  Heterocyclic......  Activated Carbon.                
Neomycin sulfate................  .......            6313  Benzeneamine......  Activated Carbon.                
Antimycin A.....................  .......            6314  Heterocyclic......  Activated Carbon.                
Calcium oxytetracycline.........  .......            6321  Phthalamide.......  Activated Carbon.                
Espesol 3A......................  .......            6601  Phosphorothioate..  Activated Carbon.                
Arsenic acid....................  .......            6801  Metallic..........  Precipitation.                   
Arsenic acid anhydride..........  .......            6802  Metallic..........  Precipitation.                   
Arsenous acid anhydride.........  .......            7001  Metallic..........  Precipitation.                   
Copper oxychloride..............  .......            8001  Metallic..........  Precipitation.                   
Basic cupric sulfate............  .......            8101  Metallic..........  Precipitation.                   
Basic copper III--zinc sulfate    .......            8102  Metallic..........  Precipitation.                   
 complex (Declare copper and.                                                                                   
Bromophos.......................  .......            8706  Phosphorothioate..  Activated Carbon.                
Benzyl bromoacetate.............  .......            8710  Benzoic acid......  Activated Carbon.                
Benzoic acid....................  .......            9101  Benzoic acid......  Activated Carbon.                
Benzyl diethyl ((2,6-             .......            9106  NR4...............  Activated Carbon.                
 xylylcarbamoyl)methyl) ammonium                                                                                
 benzoate.                                                                                                      
Benzyl alcohol..................  .......            9502  Aryl..............  Activated Carbon.                
3-Chloro-p-toluidine              .......            9901  Chloropropionanili  Activated Carbon.                
 hydrochloride.                                             de.                                                 
Butoxyethoxy)ethyl thiocyanate..  .......           10002  Thiocyanate.......  Activated Carbon.                
2-Naphthol......................  .......           10301  Phenol............  Activated Carbon.                
Boric acid......................  .......           11001  Inorganic.........  Pollution Prevention.            
Barium metaborate...............  .......           11101  Inorganic.........  Pollution Prevention.            

[[Page 57559]]

                                                                                                                
Boron sodium oxide (B8Na2O13),    .......           11103  Inorganic.........  Pollution Prevention.            
 tetrahydrate (12280-03-4).                                                                                     
Sodium metaborate (NaBO2).......  .......           11104  Inorganic.........  Pollution Prevention.            
Boron sodium oxide (B8Na2O13)     .......           11107  Inorganic.........  Pollution Prevention.            
 (12008-41-2).                                                                                                  
Boron sodium oxide (B4Na2O7),     .......           11110  Inorganic.........  Pollution Prevention.            
 pentahydrate (12179-04-3).                                                                                     
Boron sodium oxide (B4Na2O7)      .......           11112  Inorganic.........  Pollution Prevention.            
 (1330-43-4).                                                                                                   
Polybutene......................  .......           11402  Polymer...........  Activated Carbon.                
Polyisobutylene.................  .......           11403  Polymer...........  Activated Carbon.                
Butyl cellosolve................  .......           11501  Alcohol...........  Activated Carbon.                
Butoxypolypropylene glycol......  .......           11901  Polymer...........  Activated Carbon.                
Neburon (ANSI)..................  .......           12001  Chloropropionanili  Activated Carbon.                
                                                            de.                                                 
Methyltrimethylenedioxy)bis(4-    .......           12401  Bicyclic..........  Activated Carbon.                
 methyl-1,3,2-dioxaborinane).                                                                                   
Oxybis(4,4,6-trimethyl-1,3,2-     .......           12402  Bicyclic..........  Activated Carbon.                
 dioxaborinane).                                                                                                
Cadmium chloride................  .......           12902  Metallic..........  Precipitation.                   
Lead arsenate, basic............  .......           13502  Metallic..........  Precipitation.                   
Lead arsenate...................  .......           13503  Metallic..........  Precipitation.                   
Sodium arsenate.................  .......           13505  Metallic..........  Precipitation.                   
Sodium arsenite.................  .......           13603  Metallic..........  Precipitation.                   
Potassium bromide...............  .......           13903  Inorganic.........  Pollution Prevention.            
Camphor.........................  .......           15602  Bicyclic..........  Activated Carbon.                
Carbon disulfide................  .......           16401  Inorganic.........  Pollution Prevention.            
Carbon tetrachloride............  .......           16501  Alkyl Halide......  Activated Carbon.                
Barban (ANSI)...................  .......           17601  Carbamate.........  Activated Carbon.                
Chloro-2-propenyl)-3,5,7,triaza-  .......           17902  Tricyclic.........  Activated Carbon.                
 1-azo niatricyclo(3.3.1.1)sup.                                                                                 
Chlormequat chloride............  .......           18101  NR4...............  Activated Carbon.                
Chloromethoxypropylmercuric       .......           18401  Metallic..........  Precipitation.                   
 acetate.                                                                                                       
Allidochlor.....................  .......           19301  Acetanilide.......  Activated Carbon.                
Chromic acid....................  .......           21101  Metallic..........  Precipitation.                   
Chromic oxide...................  .......           21103  Metallic..........  Precipitation.                   
Cresol (unspec) (Cresylic acid).  .......           22101  Phenol............  Activated Carbon.                
Cresol..........................  .......           22102  Phenol............  Activated Carbon.                
Copper (metallic)...............  .......           22501  Metallic..........  Precipitation.                   
Copper ammonium carbonate.......  .......           22703  Metallic..........  Precipitation.                   
Copper carbonate................  .......           22901  Metallic..........  Precipitation.                   
Copper hydroxide................  .......           23401  Metallic..........  Precipitation.                   
Copper chloride hydroxide         .......           23501  Metallic..........  Precipitation.                   
 (Cu2Cl(OH)3).                                                                                                  
Copper oxychloride sulfate......  .......           23503  Metallic..........  Precipitation.                   
Copper sulfate..................  .......           24401  Metallic..........  Precipitation.                   
Copper (from triethanolamine      .......           24403  Metallic..........  Precipitation.                   
 complex).                                                                                                      
Copper as metallic (in the form   .......           24405  Metallic..........  Precipitation.                   
 of chelates of copper citrat).                                                                                 
Copper as elemental from copper-- .......           24407  Metallic..........  Precipitation.                   
 ethylenediamine complex.                                                                                       
Copper sulfate (anhydrous)......  .......           24408  Metallic..........  Precipitation.                   
Copper(I) oxide.................  .......           25601  Metallic..........  Precipitation.                   
Cuprous thiocyanate.............  .......           25602  Metallic..........  Precipitation.                   
Cyclohexane.....................  .......           25901  Aryl..............  Activated Carbon.                
Cyclohexanone...................  .......           25902  Cyclic Ketone.....  Activated Carbon.                
Dichlobenil.....................  .......           27401  Chloropropionanili  Activated Carbon.                
                                                            de.                                                 
Diquat dibromide................  .......           32201  NR4...............  Activated Carbon.                
Dimethrin (ANSI)................  .......           34101  Pyrethrin.........  Activated Carbon.                
Dicapthon.......................  .......           34502  Phosphorothioate..  Activated Carbon.                
Ziram, cyclohexylamine complex..  .......           34806  Dithiocarbamate...  Activated Carbon.                
Butyl                             .......           34807  Dithiocarbamate...  Activated Carbon.                
 dimethyltrithioperoxycarbamate.                                                                                
Daminozide......................  .......           35101  Acetanilide.......  Activated Carbon.                
Bis(trichloromethyl) sulfone....  .......           35601  Miscellaneous       Activated Carbon                 
                                                            Organic.                                            
Bis(bromoacetoxy)-2-butene......  .......           35605  Alkyl Halide......  Activated Carbon.                
Dazomet, sodium salt............  .......           35607  Heterocyclic......  Activated Carbon.                
Butonate........................  .......           35701  Phosphonate.......  Activated Carbon.                
Trifluoro-4-nitro-m-              .......            6201  Phenol............  Activated Carbon.                
 cresol(**)=alpha,alpha,alpha-.                                                                                 
Triethanolamine dinoseb (2-sec-   .......           37506  Phenol............  Activated Carbon.                
 Butyl-4,6-dinitrophenol).                                                                                      
Sodium 4,6-dinitro-o-cresylate..  .......           37508  Phenol............  Activated Carbon.                
Dinitrophenol...................  .......           37509  Phenol............  Activated Carbon.                

[[Page 57560]]

                                                                                                                
Alkanol* amine dinoseb (2-sec-    .......           37511  Phenol............  Activated Carbon.                
 butyl-4,6-dinitrophenol) *(s.                                                                                  
Sodium dinoseb (2-sec-Butyl-4,6-  .......           37512  Phenol............  Activated Carbon.                
 dinitrophenol).                                                                                                
Nitrilotriacetic acid, trisodium  .......           39106  Acetamide.........  Activated Carbon.                
 salt.                                                                                                          
Trisodium(2-                      .......           39109  Acetanilide.......  Activated Carbon.                
 hydroxyethyl)ethylene                                                                                          
 diaminetriacetate.                                                                                             
Ammonium                          .......           39117  Acetamide.........  Activated Carbon.                
 ethylenediaminetetraacetate.                                                                                   
Pentasodium                       .......           39120  Acetanilide.......  Activated Carbon.                
 diethylenetriaminepentaacetate.                                                                                
Ethyl-1,3-hexanediol............  .......           41001  Alcohol...........  Activated Carbon.                
Ethylene........................  .......           41901  Miscellaneous       Pollution Prevention.            
                                                            Organic.                                            
EDC.............................  .......           42003  EDB...............  Activated Carbon.                
Methylene chloride..............  .......           42004  Alkyl Halide......  Activated Carbon.                
Methoxyethanol..................  .......           42202  Alcohol...........  Activated Carbon.                
Ethylene glycol.................  .......           42203  Alcohol...........  Activated Carbon.                
Butylene glycol.................  .......           42205  Alcohol...........  Activated Carbon.                
Ethylene oxide..................  .......           42301  Miscellaneous       Pollution Prevention.            
                                                            Organic.                                            
Copper(II) oxide................  .......           42401  Metallic..........  Precipitation.                   
Cuprous and cupric oxide, mixed.  .......           42403  Metallic..........  Precipitation.                   
Propylene oxide.................  .......           42501  Miscellaneous       Pollution Prevention.            
                                                            Organic.                                            
Formaldehyde....................  .......           43001  Miscellaneous       Pollution Prevention.            
                                                            Organic.                                            
Paraformaldehyde................  .......           43002  Polymer...........  Activated Carbon.                
Bis(2-butylene) tetrahydro-2-     .......           43302  Tricyclic.........  Activated Carbon.                
 furaldehyde.                                                                                                   
Giberellic acid.................  .......           43801  Tricyclic.........  Activated Carbon.                
Potassium gibberellate..........  .......           43802  Tricyclic.........  Activated Carbon.                
Glutaral........................  .......           43901  Alcohol...........  Activated Carbon.                
Copper citrate..................  .......           44005  Metallic..........  Precipitation.                   
Methyl nonyl ketone.............  .......           44102  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Methyl-2-pentanone..............  .......           44105  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Monosodium 2,2'-methylenebis      .......           44902  Chlorophene.......  Activated Carbon.                
 (3,4,6-trichlorophenate).                                                                                      
Potassium 2,2'-methylenebis       .......           44904  Chlorophene.......  Activated Carbon.                
 (3,4,6-trichlorophenate).                                                                                      
Hexachloroepoxyoctahydro-endo,    .......           45001  Tricyclic.........  Activated Carbon.                
 exo-dimethanoaphthalene 85%.                                                                                   
Chlorhexidine diacetate.........  .......           45502  Chloropropionanili  Activated Carbon.                
                                                            de.                                                 
Hydrocyanic acid................  .......           45801  Inorganic.........  Activated Carbon.                
Hydroxyethyl octyl sulfide......  .......           46301  Alcohol...........  Activated Carbon.                
Heptadecenyl-2-(2-hydroxyethyl)-  .......           46608  NR4...............  Activated Carbon.                
 2-i midazolinium chloride.                                                                                     
Hydroxyethyl)-2-alkyl-2-          .......           46609  NR4...............  Activated Carbon.                
 imidazoline (as in fatty acids                                                                                 
 of t.                                                                                                          
IBA.............................  .......           46701  Bicyclic..........  Activated Carbon.                
Dihydropyrone...................  .......           46801  Cyclic ketone.....  Activated Carbon.                
Butoxypolypropoxypolyethoxyethan  .......           46901  Polymer...........  Activated Carbon.                
 ol-iodine complex.                                                                                             
Polyethoxypolypropoxyethanol-     .......           46904  Polymer...........  Activated Carbon.                
 iodine complex.                                                                                                
Use code no. 046904               .......           46909  Polymer...........  Activated Carbon.                
 (polyethoxypolypropoxy ethanol-                                                                                
 iodine complex).                                                                                               
Iodine-potassium iodide complex.  .......           46917  Inorganic.........  Pollution Prevention.            
Alkyl-omega-                      .......           46921  Polymer...........  Activated Carbon.                
 hydroxypoly(oxyethylen e)-                                                                                     
 iodine complex *(100%.                                                                                         
Lead acetate....................  .......           48001  Metallic..........  Precipitation.                   
Nickel sulfate hexahydrate......  .......           50505  Metallic..........  Precipitation.                   
Maleic hydrazide, diethanolamine  .......           51502  Hydrazide.........  Activated Carbon.                
 salt.                                                                                                          
Maleic hydrazide, potassium salt  .......           51503  Hydrazide.........  Activated Carbon.                
Sodium 2-mercaptobenzothiolate..  .......           51704  Heterocyclic......  Activated Carbon.                
Mercuric chloride...............  .......           52001  Metallic..........  Precipitation.                   
Mercurous chloride..............  .......           52201  Metallic..........  Precipitation.                   
Metaldehyde.....................  .......           53001  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Methylated naphthalenes.........  .......           54002  Aryl..............  Activated Carbon.                
Sodium 2,2'-methylenebis(4-       .......           55005  Chlorophene.......  Activated Carbon.                
 chlorophenate).                                                                                                
Naphthalene.....................  .......           55801  Aryl..............  Activated Carbon.                
NAD.............................  .......           56001  Benzoic Acid......  Activated Carbon.                
NAA (1-Naphthaleneacetic Acid)..  .......           56002  Benzoic Acid......  Activated Carbon.                
Potassium 1-naphthaleneacetate..  .......           56003  Benzoic Acid......  Activated Carbon.                
Ammonium 1-naphthaleneacetate...  .......           56004  Benzoic Acid......  Activated Carbon.                
Sodium 1-naphthaleneacetate.....  .......           56007  Benzoic Acid......  Activated Carbon.                

[[Page 57561]]

                                                                                                                
Ethyl 1-naphthaleneacetate......  .......           56008  Benzoic Acid......  Activated Carbon.                
Nitrophenol.....................  .......           56301  Phenol............  Activated Carbon.                
Nicotine........................  .......           56702  Pyridine..........  Activated Carbon.                
Carbophenothion (ANSI)..........  .......           58102  Phosphorodithioate  Activated Carbon.                
Sodium 5-chloro-2-(4-chloro-2-(3- .......           58802  Aryl Halide.......  Activated Carbon.                
 (3,4-dichlorophenyl)ureido).                                                                                   
Monocrotophos...................  .......           58901  Phosphate.........  Activated Carbon.                
Chlordimeform...................  .......           59701  Chloropropionanili  Activated Carbon.                
                                                            de.                                                 
Chlordimeform hydrochloride.....  .......           59702  Chloropropionanili  Activated Carbon.                
                                                            de.                                                 
Thiabendazole hypophosphite.....  .......           60102  Hydrazide.........  Activated Carbon.                
Hexachlorobenzene...............  .......           61001  Lindane...........  Activated Carbon.                
Butyl paraben...................  .......           61205  Phenol............  Activated Carbon.                
Paraquat dichloride.............  .......           61601  Pyridine..........  Activated Carbon.                
Chloro-4-phenylphenol...........  .......           62206  Chlorophene.......  Activated Carbon.                
Chloro-2-phenylphenol...........  .......           62208  Chlorophene.......  Activated Carbon.                
Chloro-2-biphenylol, potassium    .......           62209  Chlorophene.......  Activated Carbon.                
 salt.                                                                                                          
Chloro-2-phenylphenol...........  .......           62210  Chlorophene.......  Activated Carbon.                
Chloro-2-phenylphenol, potassium  .......           62211  Chlorophene.......  Activated Carbon.                
 salt.                                                                                                          
Sodium phenate..................  .......           64002  Phenol............  Activated Carbon.                
Butylphenol, sodium salt........  .......           64115  Phenol............  Activated Carbon.                
Ammonium 2-phenylphenate........  .......           64116  Phenol............  Activated Carbon.                
Chloro-2-cyclopentylphenol......  .......           64202  Chlorophene.......  Activated Carbon.                
Bithionolate sodium.............  .......           64203  Chlorophene.......  Activated Carbon.                
Chloro-3-cresol.................  .......           64206  Chlorophene.......  Activated Carbon.                
Sodium 2,4,5-trichlorophenate...  .......           64217  Chlorophene.......  Activated Carbon.                
Aluminum phosphide..............  .......           66501  Inorganic.........  Pollution Prevention.            
Phosphorus......................  .......           66502  Inorganic.........  Pollution Prevention.            
Magnesium phosphide.............  .......           66504  Inorganic.........  Pollution Prevention.            
1-(Alkyl*amino)-3-aminopropane*   .......           67301  Iminamide.........  Activated Carbon.                
 (Fatty acids of coconut oil).                                                                                  
Alkyl* amino)-3-aminopropane      .......           67305  Iminamide.........  Activated Carbon.                
 *(53%C12, 19%C14, 8.5%C16, 7%C8.                                                                               
Alkyl*amino)-3-aminopropane       .......           67307  Iminamide.........  Activated Carbon.                
 benzoate*(fatty acids of                                                                                       
 coconut.                                                                                                       
Alkyl* dipropoxyamine *(47% C12,  .......           67308  Iminamide.........  Activated Carbon.                
 18% C14, 10% C18, 9% C10, 8.                                                                                   
Alkyl*amino)-3-aminopropane       .......           67309  Iminamide.........  Activated Carbon.                
 hydroxyacetate* (acids of                                                                                      
 coconut.                                                                                                       
Alkyl* amino)-3-aminopropane      .......           67310  Iminamide.........  Activated Carbon.                
 *(42%C12, 26%C18, 15%C14, 8%C16.                                                                               
Alkyl*amino)-3-aminopropane       .......           67313  Iminamide.........  Activated Carbon.                
 diacetate* (fatty acids of                                                                                     
 coconut.                                                                                                       
Octadecenyl-1,3-propanediamine    .......           67316  Acetamide.........  Activated Carbon.                
 monogluconate.                                                                                                 
Alkyl* amine acetate *(5%C8,      .......           67329  Iminamide.........  Activated Carbon.                
 7%C10, 54%C12, 19%C14, 8%C16,.                                                                                 
Pindone sodium salt.............  .......           67704  Indandione........  Activated Carbon.                
Diphacinone, sodium salt........  .......           67705  Indandione........  Activated Carbon.                
Isovaleryl-1,3-indandione,        .......           67706  Indandione........  Activated Carbon.                
 calcium salt.                                                                                                  
Methyl isothiocyanate...........  .......           68103  Thiocyanate.......  Pollution Prevention.            
Potassium dichromate............  .......           68302  Inorganic.........  Pollution Prevention.            
Sodium chromate.................  .......           68303  Inorganic.........  Pollution Prevention.            
Sodium dichromate...............  .......           68304  Metallic..........  Precipitation.                   
Alkenyl* dimethyl ethyl ammonium  .......           69102  NR4...............  Activated Carbon.                
 bromide *(90%C18', 10%C16').                                                                                   
Alkyl*-N-ethyl morpholinium       .......           69113  Heterocyclic......  Activated Carbon.                
 ethyl sulfate *(92%C18, 8%C16).                                                                                
Alkyl* isoquinolinium bromide     .......           69115  Quinolin..........  Activated Carbon.                
 *(50% C12, 30% C14, 17% C16, 3).                                                                               
Alkyl* methyl isoquinolinium      .......           69116  Quinolin..........  Activated Carbon.                
 chloride *(55%C14, 12%C12,                                                                                     
 17%C).                                                                                                         
Cetyl trimethyl ammonium bromide  .......           69117  NR4...............  Activated Carbon.                
Cetyl pyridinium bromide........  .......           69118  Pyridine..........  Activated Carbon.                
Dodecyl dimethyl benzyl ammonium  .......           69127  NR4...............  Activated Carbon.                
 naphthenate.                                                                                                   
Alkyl* dimethyl ethylbenzyl       .......           69135  NR4...............  Activated Carbon.                
 ammonium cyclohexylsulfamate                                                                                   
 *(5).                                                                                                          
Alkyl*-N-ethyl morpholinium       .......           69147  Heterocyclic......  Activated Carbon.                
 ethyl sulfate *(66%C18, 25%C16).                                                                               
Alkyl* trimethyl ammonium         .......           69153  NR4...............  Activated Carbon.                
 bromide *(95%C14, 5%C16).                                                                                      

[[Page 57562]]

                                                                                                                
Benzyl((dodecylcarbamoyl)         .......           69159  NR4...............  Activated Carbon.                
 methyl)di methyl ammonium                                                                                      
 chloride.                                                                                                      
Cetyl pyridinium chloride.......  .......           69160  Pyridine..........  Activated Carbon.                
Alkyl* dimethyl ethyl ammonium    .......           69186  NR4...............  Activated Carbon.                
 bromide *(85%C16, 15%C18).                                                                                     
Cetyl-N-ethylmorpholinium ethyl   .......           69187  Heterocyclic......  Activated Carbon.                
 sulfate.                                                                                                       
Use code no. 069102 (Alkenyl*     .......           69198  NR4...............  Activated Carbon.                
 Dimethyl Ethyl Ammonium                                                                                        
 bromide).                                                                                                      
p-Aminopyridine.................  .......           69201  Pyridine..........  Activated Carbon.                
Nitrapyrin (ANSI)...............  .......           69203  Pyridine..........  Activated Carbon.                
Alkyl pyridines.................  .......           69205  Pyridine..........  Activated Carbon.                
Pyrazon (ANSI)..................  .......           69601  Heterocyclic......  Activated Carbon.                
Capsaicin (in oleoresin of        .......           70701  Phenol............  Activated Carbon.                
 capsicum).                                                                                                     
Ryanodine.......................  .......           71502  Tricyclic.........  Activated Carbon.                
Silver..........................  .......           72501  Inorganic.........  Pollution Prevention.            
Silver chloride.................  .......           72506  Inorganic.........  Pollution Prevention.            
Silver thiuronium acrylate co-    .......           72701  Polymer...........  Activated Carbon.                
 polymer.                                                                                                       
Sodium chlorate.................  .......           73301  Inorganic.........  Pollution Prevention.            
Calcium cyanide.................  .......           74001  Inorganic.........  Pollution Prevention.            
Sodium cyanide..................  .......           74002  Inorganic.........  Pollution Prevention.            
Cryolite........................  .......           75101  Inorganic.........  Pollution Prevention.            
Sodium fluoride.................  .......           75202  Inorganic.........  Pollution Prevention.            
Ammonium fluosilicate...........  .......           75301  Inorganic.........  Pollution Prevention.            
Sodium fluosilicate.............  .......           75306  Inorganic.........  Pollution Prevention.            
Potassium iodide................  .......           75701  Inorganic.........  Pollution Prevention.            
Potassium tetrathionate.........  .......           75903  Inorganic.........  Pollution Prevention.            
Potassium nitrate...............  .......           76103  Inorganic.........  Pollution Prevention.            
Sodium nitrate..................  .......           76104  Inorganic.........  Pollution Prevention.            
Sodium nitrite..................  .......           76204  Inorganic.........  Pollution Prevention.            
Benzenesulfonamide, N-chloro-,    .......           76501  Sulfonamide.......  Activated Carbon.                
 sodium salt.                                                                                                   
Salicyclic acid.................  .......           76202  Benzoic Acid......  Activated Carbon.                
Ethoxyethyl p-methoxycinnamate..  .......           76604  Aryl..............  Activated Carbon.                
Calcium polysulfide.............  .......           76702  Polymer...........  Activated Carbon.                
Strychnine......................  .......           76901  Tricyclic.........  Activated Carbon.                
Strychnine sulfate..............  .......           76902  Tricyclic.........  Activated Carbon.                
Niclosamide.....................  .......           77401  Chlorobenzamide...  Activated Carbon.                
Dibromosalicylamilide...........  .......           77402  Chlorobenzamide...  Activated Carbon.                
Tribromsalan....................  .......           77404  Chlorobenzamide...  Activated Carbon.                
Dibromosalicylanilide...........  .......           77405  Chlorobenzamide...  Activated Carbon.                
Chlorosalicylanilide............  .......           77406  Chlorobenzamide...  Activated Carbon.                
Sulfur..........................  .......           77501  Inorganic.........  Pollution Prevention.            
Sulfaquinoxaline................  .......           77901  Sulfanilamide.....  Activated Carbon.                
Sulfacetamide...................  .......           77904  Sulfanilamide.....  Activated Carbon.                
Sulfuryl fluoride...............  .......           78003  Inorganic.........  Pollution Prevention.            
Sodium bisulfite................  .......           78201  Inorganic.........  Pollution Prevention.            
Tetrachloroethylene.............  .......           78501  EDB...............  Activated Carbon.                
Ethoxylated isooctylphenol......  .......           79004  Phenol............  Activated Carbon.                
Lauric diethanolamide...........  .......           79018  Acetanilide.......  Activated Carbon.                
Triethanolamine oleate..........  .......           79025  NR4...............  Activated Carbon.                
Dioctyl sodium sulfosuccinate...  .......           79027  Thiosulfonate.....  Activated Carbon.                
Use code no. 069179 (alkyl*mono-  .......           79036  Miscellaneous       Activated Carbon.                
 ethanolamide).                                             Organic.                                            
Alkyl* diethanolamide *(70%C12,   .......           79045  Miscellaneous       Activated Carbon.                
 30%C14).                                                   Organic.                                            
Tetradecyl formate..............  .......           79069  Alkyl Acid........  Activated Carbon.                
Polyoxyethylene sorbitol oleate-  .......           79075  Polymer...........  Activated Carbon.                
 laurate.                                                                                                       
Polyethoxylated stearylamine....  .......           79094  Polymer...........  Activated Carbon.                
Capric diethanolamide...........  .......           79099  Acetanilide.......  Activated Carbon.                
Calcium thiosulfate.............  .......           80101  Inorganic.........  Pollution Prevention.            
Ammonium thiosulfate............  .......           80103  Inorganic.........  Pollution Prevention.            
Thymoxydichloroacetic acid......  .......           80401  Benzoic Acid......  Activated Carbon.                
Thymol..........................  .......           80402  Phenol............  Activated Carbon.                
Sodium trichloroacetate.........  .......           81001  Alkyl Halide......  Activated Carbon.                
Trichloroacetic acid............  .......           81002  Alkyl Halide......  Activated Carbon.                
Hexahydro-1,3,5-tris(2-           .......           83301  s-Triazine........  Activated Carbon.                
 hydroxyethyl)-s-triazine.                                                                                      
2-(Hydroxymethyl)-2-nitro-1,3-    .......           83902  Alcohol...........  Activated Carbon.                
 propanediol.                                                                                                   
Bomyl...........................  .......           84201  Phosphate.........  Activated Carbon.                
Turpentine......................  .......           84501  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Chloro-1-(2,5-                    .......           84901  Phosphorothioate..  Activated Carbon.                
 dichlorophenyl)vinyl) O,O-                                                                                     
 diethyl phosphorothi.                                                                                          
Zinc chloride...................  .......           87801  Metallic..........  Precipitation.                   

[[Page 57563]]

                                                                                                                
Zinc 2-pyridinethiol-1-oxide....  .......           88002  Metallic..........  Precipitation.                   
Hydroxy-2-(1H)-pyridinethione,    .......           88004  Pyridine..........  Activated Carbon.                
 sodium salt.                                                                                                   
Omadine TBAO....................  .......           88005  Pyridine..........  Activated Carbon.                
Zinc naphthenate................  .......           88301  Metallic..........  Precipitation.                   
Zinc oxide......................  .......           88502  Metallic..........  Precipitation.                   
Zinc phosphide (Zn3P2)..........  .......           88601  Metallic..........  Precipitation.                   
Zinc phenol sulfonate...........  .......           89002  Metallic..........  Precipitation.                   
Zinc sulfate, basic.............  .......           89101  Metallic..........  Precipitation.                   
Dimetilan.......................  .......           90101  Carbamate.........  Activated Carbon.                
Carboxin........................  .......           90201  Heterocyclic......  Activated Carbon.                
Oxycarboxin.....................  .......           90202  Heterocyclic......  Activated Carbon.                
Benzocaine......................  .......           97001  Benzeneamine......  Activated Carbon.                
Piperalin.......................  .......           97003  2,4-D.............  Activated Carbon.                
Tetracaine hydrochloride........  .......           97005  Benzeneamine......  Activated Carbon.                
Formetanate hydrochloride.......  .......           97301  Toluamide.........  Activated Carbon.                
Azacosterol HCl.................  .......           98101  Tricyclic.........  Activated Carbon.                
Use code no. 039502 (gentian      .......           98401  NR4...............  Activated Carbon.                
 violet).                                                                                                       
Ammonium alum...................  .......           98501  Inorganic.........  Pollution Prevention.            
Bismuth subgallate..............  .......           98601  Metallic..........  Precipitation.                   
Chlorflurenol, methyl ester.....  .......           98801  Aryl Halide.......  Activated Carbon.                
Benzisothiazolin-3-one..........  .......           98901  Heterocyclic......  Activated Carbon.                
Methyl 2-benzimidazolecarbamate   .......           99102  Carbamate.........  Activated Carbon.                
 phosphate.                                                                                                     
Ethephon........................  .......           99801  Phosphate.........  Activated Carbon.                
Pentanethiol....................  .......          100701  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Nitrobutyl)morpholine...........  .......          100801  Heterocyclic......  Activated Carbon.                
Ethyl-2-                          .......          100802  Heterocyclic......  Activated Carbon.                
 nitrotrimethylene)dimorpholine.                                                                                
Tolyl diiodomethyl sulfone......  .......          101002  Thiosulfonate.....  Activated Carbon.                
Isobutyric acid.................  .......          101502  Alkyl Acid........  Activated Carbon.                
Dibromo-3-nitrilopropionamide...  .......          101801  Acetamide.........  Activated Carbon.                
Polyethoxylated oleylamine......  .......          101901  Acetamide.........  Activated Carbon.                
Dinitramine (ANSI)..............  .......          102301  Nitrobenzoate.....  Activated Carbon.                
Phenylethyl propionate..........  .......          102601  Phenylcrotonate...  Activated Carbon.                
Eugenol.........................  .......          102701  Phenol............  Activated Carbon.                
Tricosene.......................  .......          103201  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Tricosene.......................  .......          103202  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Sodium 1,4',5'-trichloro-2'-      .......          104101  2,4-D.............  Activated Carbon.                
 (2,4,5-                                                                                                        
 trichlorophenoxy)methanes.                                                                                     
Hexahydro-1,3,5-tris(2-           .......          105601  s-Triazine........  Activated Carbon.                
 hydroxypropyl)-s-triazine.                                                                                     
Methazole.......................  .......          106001  Hydrazide.........  Activated Carbon.                
Difenzoquat methyl sulfate......  .......          106401  Hydrazide.........  Activated Carbon.                
Butralin........................  .......          106501  Benzeneamine......  Activated Carbon.                
Fosamine ammonium...............  .......          106701  Carbamate.........  Activated Carbon.                
Asulam..........................  .......          106901  Carbamate.........  Activated Carbon.                
Sodium asulam...................  .......          106902  Carbamate.........  Activated Carbon.                
Hydroxymethoxymethyl-1-aza-3,7-   .......          107001  Bicyclic..........  Activated Carbon.                
 dioxabicyclo(3.3.0)octane.                                                                                     
Hydroxymethyl-1-aza-3,7-          .......          107002  Bicyclic..........  Activated Carbon.                
 dioxabicyclo(3.3.0)octane.                                                                                     
Hydroxypoly(methyleneoxy)*        .......          107003  Bicyclic..........  Activated Carbon.                
 methyl-1-aza-3,7-                                                                                              
 dioxabicyclo(3.3).                                                                                             
Chloro-2-methyl-3(2H)-            .......          107103  Heterocyclic......  Activated Carbon.                
 isothiazolone.                                                                                                 
Methyl-3(2H)-isothiazolone......  .......          107104  Heterocyclic......  Activated Carbon.                
Trimethoxysilyl)propyl dimethyl   .......          107401  NR4...............  Activated Carbon.                
 octadecyl ammonium chloride.                                                                                   
Kinoprene.......................  .......          107502  Ester.............  Activated Carbon.                
Triforine (ANSI)................  .......          107901  Hydrazide.........  Activated Carbon.                
Pirimiphos-methyl (ANSI)........  .......          108102  Phosphorothioate..  Activated Carbon.                
Thiobencarb.....................  .......          108401  Thiocarbamate.....  Activated Carbon.                
Ancymidol (ANSI)................  .......          108601  Pyrimidine........  Activated Carbon.                
Oxadiazon (ANSI)................  .......          109001  Hydrazide.........  Activated Carbon.                
Mepiquat chloride...............  .......          109101  NR4...............  Activated Carbon.                
Fluvalinate.....................  .......          109302  Toluamide.........  Activated Carbon.                
Chloro-N-                         .......          109501  Acetamide.........  Activated Carbon.                
 (hydroxymethyl)acetamide.                                                                                      
Dikegulac sodium................  .......          109601  Tricyclic.........  Activated Carbon.                
Iprodione (ANSI)................  .......          109801  Hydrazide.........  Activated Carbon.                
Phenylmethyl)-9-(tetrahydro-2H-   .......          110001  Pyrimidine........  Activated Carbon.                
 pyran-2-yl)-9H-purin-6-amine.                                                                                  
Prodiamine......................  .......          110201  Benzeneamine......  Activated Carbon.                
Erioglaucine....................  .......          110301  Benzeneamine......  Activated Carbon.                

[[Page 57564]]

                                                                                                                
Tartrazine......................  .......          110302  Hydrazide.........  Activated Carbon.                
Dodemorph acetate...............  .......          110401  Heterocyclic......  Activated Carbon.                
Ethofumesate (ANSI).............  .......          110601  Bicyclic..........  Activated Carbon.                
Aldoxycarb (ANSI)...............  .......          110801  Carbamate.........  Activated Carbon.                
Diclofop-methyl.................  .......          110902  Aryl Halide.......  Activated Carbon.                
Bromo-1-(bromomethyl)-1,3-        .......          111001  Isocyanate........  Activated Carbon.                
 propanediCarbon.itrile.                                                                                        
Poly (imino                       .......          111801  Polymer...........  Activated Carbon.                
 imidocarbonyliminoimidocarbonyl                                                                                
 iminohexamethylene).                                                                                           
Imazalil........................  .......          111901  Aryl Halide.......  Activated Carbon.                
Bromadiolone....................  .......          112001  Coumarin..........  Activated Carbon.                
Brodifacoum.....................  .......          112701  Coumarin..........  Activated Carbon.                
Bromethalin (ANSI)..............  .......          112802  Aryl Amine........  Activated Carbon.                
Fluridone (ANSI)................  .......          112900  Aryl Halide.......  Activated Carbon.                
Vinclozolin.....................  .......          113201  Aryl Halide.......  Activated Carbon.                
Metalaxyl.......................  .......          113501  Benzeneamine......  Activated Carbon.                
Propetamphos (ANSI).............  .......          113601  Phosphoroamidothio  Activated Carbon.                
                                                            ate.                                                
Methyl-1-naphthyl)maleimide.....  .......          113701  Phthalamide.......  Activated Carbon.                
Hexadecadien-1-yl acetate.......  .......          114101  Ester.............  Activated Carbon.                
Hexadecadien-1-yl acetate.......  .......          114102  Ester.............  Activated Carbon.                
Epoxy-2-methyloctadecane........  .......          114301  Heterocyclic......  Activated Carbon.                
Thiodicarb (ANSI)...............  .......          114501  Thiocarbamate.....  Activated Carbon.                
Dimethyloxazolidine (8CA & 9CA).  .......          114801  Heterocyclic......  Activated Carbon.                
Trimethyloxazolidine............  .......          114802  Heterocyclic......  Activated Carbon.                
Hydroxyphenyl)oxoacetohydroximic  .......          114901  Phenol............  Activated Carbon.                
 chloride.                                                                                                      
EEEBC...........................  .......          115001  Carbamate.........  Activated Carbon.                
MDM Hydantoin...................  .......          115501  Hydrazide.........  Activated Carbon.                
DMDM Hydantoin..................  .......          115502  Hydrazide.........  Activated Carbon.                
Triclopyr (ANSI)................  .......          116001  Pyridine..........  Activated Carbon.                
Triethylamine triclopyr.........  .......          116002  Pyridine..........  Activated Carbon.                
Butoxyethyl triclopyr...........  .......          116004  Pyridine..........  Activated Carbon.                
Decenyl)dihydro-2(3H)-furanone..  .......          116501  Ester.............  Activated Carbon.                
Cytokinins......................  .......          116801  Toluidine.........  Activated Carbon.                
Benzyladenine...................  .......          116901  Pyrimidine........  Activated Carbon.                
Clopyralid, monoethanolamine      .......          117401  Pyridine..........  Activated Carbon.                
 salt.                                                                                                          
Clopyralid (ANSI)...............  .......          117403  Pyridine..........  Activated Carbon.                
Flucythrinate (ANSI)............  .......          118301  Pyrethrin.........  Activated Carbon.                
Hydramethylnon (ANSI)...........  .......          118401  Iminimide.........  Activated Carbon.                
Chlorsulfuron...................  .......          118601  s-Triazine........  Activated Carbon.                
Dimethipin......................  .......          118901  Heterocyclic......  Activated Carbon.                
Hexadecenal.....................  .......          120001  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Tetradecenal....................  .......          120002  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Thidiazuron.....................  .......          120301  Urea..............  Activated Carbon.                
Metronidazole...................  .......          120401  Hydrazide.........  Activated Carbon.                
Erythrosine B...................  .......          120901  Tricyclic.........  Activated Carbon.                
Sethoxydim......................  .......          121001  Cyclic Ketone.....  Activated Carbon.                
Clethodim.......................  .......          121011  Heterocyclic......  Activated Carbon.                
Cyromazine......................  .......          121301  s-Triazine........  Activated Carbon.                
Tralomethrin....................  .......          121501  Pyrethrin.........  Activated Carbon.                
Azadirachtin....................  .......          121701  Tricyclic.........  Activated Carbon.                
Tridecen-1-yl acetate...........  .......          121901  Ester.............  Activated Carbon.                
Tridecen-1-yl acetate...........  .......          121902  Ester.............  Activated Carbon.                
Sulfometuron methyl.............  .......          122001  Pyrimidine........  Activated Carbon.                
Metsulfuron-methyl..............  .......          122010  s-Triazine........  Activated Carbon.                
Propiconazole...................  .......          122101  Aryl Halide.......  Activated Carbon.                
Furanone, dihydro-5-pentyl......  .......          122301  Cyclic Ketone.....  Activated Carbon.                
Furanone, 5-heptyldihydro-......  .......          122302  Cyclic Ketone.....  Activated Carbon.                
Abamectin (ANSI)................  .......          122804  Tricyclic.........  Activated Carbon.                
Fluazifop-butyl.................  .......          122805  Pyridine..........  Activated Carbon.                
Fluazifop-R-butyl...............  .......          122809  Pyridine..........  Activated Carbon.                
Flumetralin.....................  .......          123001  Nitrobenzoate.....  Activated Carbon.                
Fosetyl-Al......................  .......          123301  Phosphate.........  Activated Carbon.                
Methanol, (((2-(dihydro-5-methyl- .......          123702  Heterocyclic......  Activated Carbon.                
 3(2H)-oxazolyl)-1-methyl)et.                                                                                   
Fomesafen.......................  .......          123802  Nitrobenzoate.....  Activated Carbon.                
Tridiphane......................  .......          123901  Aryl Halide.......  Activated Carbon.                
POE isooctadecanol..............  .......          124601  Alcohol...........  Activated Carbon.                
Periplanone B...................  .......          124801  Bicyclic..........  Activated Carbon.                
Fenoxycarb......................  .......          125301  Carbamate.........  Activated Carbon.                
Clomazone.......................  .......          125401  Aryl Halide.......  Activated Carbon.                

[[Page 57565]]

                                                                                                                
Clofentezine....................  .......          125501  Aryl Halide.......  Activated Carbon.                
Paclobutrazol...................  .......          125601  Hydrazide.........  Activated Carbon.                
Flurprimidol....................  .......          125701  Pyrimidine........  Activated Carbon.                
Isoxaben........................  .......          125851  Heterocyclic......  Activated Carbon.                
Isazofos........................  .......          126901  Phosphorothioate..  Activated Carbon.                
Triadimenol.....................  .......          127201  Hydrazide.........  Activated Carbon.                
Fenpropathrin...................  .......          127901  Pyrethrin.........  Activated Carbon.                
Sulfosate.......................  .......          128501  Phosphorothioate..  Activated Carbon.                
Fenoxaprop-ethyl................  .......          128701  Heterocyclic......  Activated Carbon.                
Quizalofop-ethyl................  .......          128711  Phthalimide.......  Activated Carbon.                
Bensulfuron-methyl..............  .......          128820  Pyrimidine........  Activated Carbon.                
Imazapyr........................  .......          128821  Hydrazide.........  Activated Carbon.                
Bifenthrin......................  .......          128825  Pyrethrin.........  Activated Carbon.                
Imazapyr, isopropylamine salt...  .......          128829  Hydrazide.........  Activated Carbon.                
Sodium salt of 1-carboxymethyl-   .......          128832  s-Triazine........  Activated Carbon.                
 3,5,7-triaza-1-azoniatricyclo.                                                                                 
Linalool........................  .......          128838  Alcohol...........  Activated Carbon.                
Imazaquin, monoammonium salt....  .......          128840  Pyrimidine........  Activated Carbon.                
Imazethabenz....................  .......          128842  Pyrimidine........  Activated Carbon.                
Thifensulfuron methyl...........  .......          128845  s-Triazine........  Activated Carbon.                
Imazaquin.......................  .......          128848  Pyrimidine........  Activated Carbon.                
Myclobutanil (ANSI).............  .......          128857  s-Triazine........  Activated Carbon.                
Zinc borate (3ZnO, 2B03, 3.5H2O;  .......          128859  Metallic..........  Precipitation.                   
 mw 434.66).                                                                                                    
Cyhalothrin.....................  .......          128867  Pyrethrin.........  Activated Carbon.                
Potassium cresylate.............  .......          128870  Phenol............  Activated Carbon.                
Triflumizole....................  .......          128879  Toluidine.........  Activated Carbon.                
Tribenuron methyl...............  .......          128887  s-Triazine........  Activated Carbon.                
Cyhalothrin.....................  .......          128897  Pyrethrin.........  Activated Carbon.                
Chlorimuron-ethyl...............  .......          128901  Pyrimidine........  Activated Carbon.                
Dodecen-1-yl acetate............  .......          128906  Ester.............  Activated Carbon.                
Dodecen-1-yl acetate............  .......          128907  Ester.............  Activated Carbon.                
DDOL............................  .......          128908  Alcohol...........  Activated Carbon.                
Farnesol........................  .......          128910  Alcohol...........  Activated Carbon.                
Nerolidol.......................  .......          128911  Alcohol...........  Activated Carbon.                
Tefluthrin......................  .......          128912  Pyrethrin.........  Activated Carbon.                
Bromoxynil heptanoate...........  .......          128920  Chloropropionanili  Activated Carbon.                
                                                            de.                                                 
Imazethapyr.....................  .......          128922  Pyrimidine........  Activated Carbon.                
Imazethapyr, ammonium salt......  .......          128923  Pyrimidine........  Activated Carbon.                
Chitosan........................  .......          128930  Polymer...........  Activated Carbon.                
Sulfuric acid, monourea adduct..  .......          128961  Urea..............  Activated Carbon.                
Hydroprene......................  .......          128966  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Triasulfuron....................  .......          128969  Urea..............  Activated Carbon.                
Primisulfuron-methyl............  .......          128973  Urea..............  Activated Carbon.                
Uniconazole (ANSI)..............  .......          128976  s-Triazine........  Activated Carbon.                
Tetradecenyl acetate............  .......          128980  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Chitin..........................  .......          128991  Polymer...........  Activated Carbon.                
Sulfluramid.....................  .......          128992  Sulfonamide.......  Activated Carbon.                
Dithiopyr (ANSI)................  .......          128994  Pyridine..........  Activated Carbon.                
Nicosulfuron....................  .......          129008  Pyrimidine........  Activated Carbon.                
Zinc............................  .......          129015  Metallic..........  Precipitation.                   
Tetradecen-1-ol, acetate, (E)-..  .......          129019  Alkyl Acid........  Activated Carbon.                
Imazaquin, sodium salt..........  .......          129023  Pyrimidine........  Activated Carbon.                
Dodecadien-1-ol.................  .......          129028  Alcohol...........  Activated Carbon.                
Ionone..........................  .......          129030  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Dicamba, aluminum salt..........  .......          129042  Aryl Halide.......  Activated Carbon.                
Benzenemethanaminium, N-(2-((2,6- .......          129045  NR4...............  Activated Carbon.                
 dimethylphenyl)amino)-2-oxo.                                                                                   
Fenoxaprop-p-Ethyl..............  .......          129092  Tricyclic.........  Activated Carbon.                
Alkyl* bis(2-hydroxyethyl)        .......          169103  NR4...............  Activated Carbon.                
 ammonium acetate *(as in fatty                                                                                 
 ac.                                                                                                            
Alkenyl* dimethyl ammonium        .......          169104  NR4...............  Activated Carbon.                
 acetate *(75% C18', 25% C16').                                                                                 
Amines, N-coco                    .......          169109  Iminamide.........  Activated Carbon.                
 alkyltrimethylenedi-, adipates.                                                                                
Dialkyl* dimethyl ammonium        .......          169111  NR4...............  Activated Carbon.                
 bentonite *(as in fatty acids                                                                                  
 of.                                                                                                            
Alkyl* bis(2-hydroxyethyl) amine  .......          169125  Acetamide.........  Activated Carbon.                
 acetate *(65% C18, 30% C16,.                                                                                   
Dodecyl bis(hydroxy ethyl)        .......          169154  NR4...............  Activated Carbon.                
 dioctyl ammonium phosphate.                                                                                    

[[Page 57566]]

                                                                                                                
Dodecyl bis(2-hydroxyethyl)       .......          169155  NR4...............  Activated Carbon.                
 octyl hydrogen ammonium                                                                                        
 phosphat.                                                                                                      
Didecyl-N-methyl-3-               .......          169160  NR4...............  Activated Carbon.                
 (trimethoxysilyl)propanaminium                                                                                 
 chloride.                                                                                                      
Cholecalciferol.................  .......          202901  Bicyclic..........  Activated Carbon.                
Use code no. 202901 (Vitamin D3)  .......          208700  Bicyclic..........  Activated Carbon.                
Alkyl* N,N-bis(2-                 .......          210900  NR4...............  Activated Carbon.                
 hydroxyethyl)amine *(100% C8-                                                                                  
 C18).                                                                                                          
Bromo-2-nitropropane-1,3-diol...  .......          216400  Alcohol...........  Activated Carbon.                
Use code no. 114601 (cyclohexyl-  .......          229300  Heterocyclic......  Activated Carbon.                
 4, 5-dichloro- 4-isothioazolin-                                                                                
 3-one).                                                                                                        
Diethatyl ethyl.................  .......          279500  Toluidine.........  Activated Carbon.                
Hydroprene (ANSI)...............  .......          486300  Miscellaneous       Activated Carbon.                
                                                            Organic.                                            
Zinc sulfate monohydrate........  .......          527200  Metallic..........  Precipitation                    
Geraniol........................  .......          597501  Alcohol...........  Activated Carbon.                
----------------------------------------------------------------------------------------------------------------
\1\ The 272 Pesticide Active Ingredients (PAIs) are listed first, by PAI code, followed by the non-272 PAIs from
  the 1988 FIFRA and TSCA Enforcement System (FATES) Database, which are listed in Shaughnessy code order. PAIs 
  that were exempted or reserved from the PFPR effluent guidelines are not listed in the table.                 
\2\ The non-272 PAI names are taken directly from the 1988 FATES database. Several of the PAI names are         
  truncated because the PAI names listed in the FATES database are limited to 60 characters.                    
\3\ The non-272 PAIs do not have PAI codes.                                                                     
\4\ All Shaughnessy codes are taken from the 1988 FATES database. Some of the 272 PAIs are not listed in the    
  1988 FATES database; therefore, no Shaughnessy codes are listed for these PAIs.                               
\5\ Structural groups are based on an analysis of the chemical structures of each PAI.                          
\6\ EPA has also received data indicating that acid hydrolysis may also be effective in treating this PAI.      
* This PAI code represents a category or group of PAIs; therefore, it has multiple Shaughnessy codes.           

[FR Doc. 96-25771 Filed 11-5-96; 8:45 am]
BILLING CODE 6560-50-P