[Federal Register Volume 68, Number 49 (Thursday, March 13, 2003)]
[Rules and Regulations]
[Pages 12266-12275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5716]



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Part III





Environmental Protection Agency





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40 CFR 439



Effluent Limitations Guidelines, Pretreatment Standards, and New Source 
Performance Standards for the Pharmaceutical Manufacturing Point Source 
Category; Direct Final Rule and Proposed Rule

  Federal Register / Vol. 68, No. 49 / Thursday, March 13, 2003 / Rules 
and Regulations  

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 439

[FRL-7462-8]


Effluent Limitations Guidelines, Pretreatment Standards, and New 
Source Performance Standards for the Pharmaceutical Manufacturing Point 
Source Category

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to amend certain provisions of the effluent guidelines for 
the Pharmaceutical Manufacturing Point Source Category, which were 
published on September 21, 1998 (63 FR 50424). First, EPA is clarifying 
the date on which a discharger subject to the New Source Performance 
Standards (NSPS) and the Pretreatment Standards for New Sources (PSNS) 
would be subject to effluent limitations and pretreatment standards 
established in the 1998 regulation. Second, this rule re-establishes a 
minimum concentration for the maximum monthly average BOD5 
limitation that EPA inadvertently omitted from the Best Practicable 
Control Technology (BPT) requirements in two subcategories of the 1998 
regulation. Next, the amendments correct an error in EPA's pass-through 
analysis prepared in support of the 1998 rule and, as a result, deletes 
methyl Cellosolve (2-methoxyethanol) from the pretreatment standards in 
two subcategories and from Appendix A, Table 2, ``Surrogate Parameters 
for Indirect Dischargers.'' Finally, the Agency is making other non-
substantive editorial and format changes such as removing redundancies, 
and adding definitions.

DATES: This rule is effective on June 11, 2003 without further notice, 
unless EPA receives adverse comment by May 12, 2003. If we receive such 
comment, we will publish a timely withdrawal in the Federal Register 
informing the public that this rule will not take effect.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Please mail comments to the Water 
Docket, Environmental Protection Agency, Mailcode: 4101T, 1200 
Pennsylvania Avenue, NW., Washington, DC, 20460 or submit them 
electronically to http://www.epa.gov/edocket. Send either to the 
Attention of Docket ID No. OW-2003-0007. See section I.C., of the 
SUPPLEMENTARY INFORMATION section for more information on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Dr. Frank Hund, EPA Office of Water by 
phone at (202)566-1027 or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Regulated Entities

    Entities potentially regulated by this action include facilities of 
the following types that discharge pollutants directly or indirectly to 
U.S. waters.

----------------------------------------------------------------------------------------------------------------
            Category               Examples of regulated entities                 SIC (NAICS) code
----------------------------------------------------------------------------------------------------------------
Industry........................  Facilities that generate process  2833, R834, 2836 (2834-04, 2834-98).
                                   wastewater from the manufacture
                                   of pharmaceutical products and/
                                   or pharmaceutical intermediates
                                   by fermentation, extraction,
                                   chemical synthesis and/or
                                   mixing, compounding and
                                   formulating.
----------------------------------------------------------------------------------------------------------------

    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 definitions and applicability criteria in Sec. Sec.  439.1, 439.10, 
439.20, 439.30, 439.40 and 439.50 of title 40 of the Code of Federal 
Regulations. 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.

B. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. OW-2003-0007. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
The official public docket is the collection of materials that is 
available for public viewing at the Water Docket in the EPA Docket 
Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC. The EPA Docket Center Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the Water Docket is (202) 566-
2426. For access to docket materials, please call ahead to schedule an 
appointment. Every user is entitled to copy 100 pages before incurring 
a charge. The Docket may charge 15 cents a page for each page over the 
100-page limit.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, ``EPA Dockets.'' You 
may use EPA Dockets at http://www.epa.gov/edocket/ to submit or view 
public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once in the system, select 
``search,'' then key in the appropriate docket identification number.

II. Legal Authority

    The U.S. Environmental Protection Agency is promulgating these 
regulations under the authority of 33 U.S.C. 1311, 1314, 1316, 1317, 
1318, 1342 and 1361.

III. Overview of Effluent Limitations Guidelines and Standards

    Congress adopted the Clean Water Act (CWA) to ``restore and 
maintain the chemical, physical, and biological integrity of the 
Nation's waters'' (section 101(a), 33 U.S.C. 1251(a)). To achieve this 
goal, the CWA prohibits the discharge of pollutants into navigable 
waters except in compliance with the statute. The Clean Water Act 
confronts the problem of water pollution on a number of different 
fronts. Its primary reliance, however, is on establishing restrictions 
on the types and amounts of pollutants discharged from various 
industrial, commercial, and public sources of wastewater.

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    Congress recognized that regulating only those sources that 
discharge effluent directly into the nation's waters would not be 
sufficient to achieve the CWA's goals. Consequently, the CWA requires 
EPA to promulgate nationally applicable pretreatment standards that 
restrict pollutant discharges for those who discharge wastewater 
indirectly through sewers flowing to publicly-owned treatment works 
(POTWs) (section 307(b) and (c), 33 U.S.C. 1317(b) and (c)). National 
pretreatment standards are established for those pollutants in 
wastewater from indirect dischargers which may pass through or 
interfere with POTW operations. Generally, pretreatment standards are 
designed to ensure that wastewater from direct and indirect industrial 
dischargers are subject to similar levels of treatment. In addition, 
POTWs are required to implement local pretreatment limits applicable to 
their industrial indirect dischargers to satisfy any local requirements 
(40 CFR 403.5).
    Direct dischargers must comply with effluent limitations in 
National Pollutant Discharge Elimination System (NPDES) permits; 
indirect dischargers must comply with pretreatment standards. These 
limitations and standards are established by regulation for categories 
of industrial dischargers and are based on the degree of control that 
can be achieved using various levels of pollution control technology.
    On November 17, 1976, (41 FR 50676) EPA promulgated ``best 
practicable control technology currently available'' (BPT) effluent 
limitations guidelines for the Pharmaceutical Manufacturing Point 
Source Category. On October 27, 1983, (48 FR 49808) the Agency revised 
the BPT limitations and promulgated additional limitations covering the 
``best available technology economically achievable'' (BAT) and 
pretreatment and new source standards for this point source category.
    On September 21, 1998, (63 FR 50388) EPA again revised the effluent 
limitations guidelines and standards for the Pharmaceutical 
Manufacturing Point Source Category. We subsequently received comments 
from the regulated community and after our own analysis and review, we 
determined that several minor amendments which are discussed below were 
warranted.

IV. Amendment to New Source Effective Dates

    Section 306 of the Clean Water Act requires EPA to establish, and 
from time to time, revise standards of performance for categories of 
new sources which may discharge pollutants. Under the Act, point 
sources constructed to meet these NSPS may not be subject to more 
stringent standards during a statutorily prescribed period following 
construction of such source, generally 10 years. EPA first promulgated 
NSPS for the Pharmaceutical Manufacturing Point Source Category in 1983 
when the Agency established effluent limitations guidelines and 
pretreatment standards for this category. When EPA promulgated revised 
limitations and standards, including NSPS, for the Pharmaceuticals 
Manufacturing Point Source Category in 1998, 40 CFR 439.15(c), 
439.25(c), 439.35(c), and 439.45(c) provided for this protection period 
from more stringent standards. For example, paragraph (c) of Sec.  
439.15 states:

    Any new source subject to the provisions of this section that 
commenced discharging after November 21, 1988 and prior to November 
20, 1998 must continue to achieve the standards specified in the 
earlier version of this section until the expiration of the 
applicable time period specified in 40 CFR 122.29(d)(1), after which 
the source must achieve the standards specified in Sec. Sec.  439.13 
and 439.14. (Emphasis supplied)

    In order to remove any ambiguity about which regulations applied to 
dischargers constructing new facilities and commencing discharge after 
the 1983 regulation but before the effective date of the 1998 
regulations, EPA is amending the regulation. EPA is amending paragraph 
(c) of each of the four sections cited above to state clearly that any 
new source that commenced discharging after November 21, 1988, and 
before November 20, 1998, must continue to achieve the standards 
specified for 40 CFR part 439 in the October 27, 1983, Federal Register 
(48 FR 49808) (which are contained in the 1988 edition of the CFR) 
until the expiration of the applicable time period specified in 40 CFR 
122.29(d)(1). Thereafter, the source must comply with the applicable 
effluent limitations specified in the September 21, 1998, regulation 
(63 FR 50388). The amendments substitute for the phrase ``earlier 
version'' a specific reference to the 1988 edition of 40 CFR part 439. 
This will remove any uncertainty about the standards with which a point 
source discharger must comply.
    Section 307(c) of the CWA also requires EPA to promulgate 
pretreatment standards for new sources simultaneously with the 
promulgation of NSPS for a category of sources. When EPA promulgated 
the PSNS for the Pharmaceutical Manufacturing Point Source Category in 
1998, PSNS in Sec. Sec.  439.17, 439.27, 439.37, and 439.47 failed to 
specify when a source constructed before the date on which the new PSNS 
became effective would be subject to the more stringent standards. To 
correct this oversight, EPA is revising each of these four sections to 
read as follows:

    Except as provided in 40 CFR 403.7, any new source subject to 
this subpart that commenced discharging after November 21, 1988, and 
prior to November 20, 1998, must continue to achieve the 
pretreatment standards specified for this section in the 1988 
edition of 40 CFR part 439 during a ten-year period beginning on the 
date the source commenced discharge, or during the period of 
depreciation or amortization of the facility, which ever comes 
first, after which the source must achieve the same standards as 
specified in [insert the appropriate PSES section for the subpart].

V. Amendment to BOD Minimum Limitation

    When EPA issued regulations for the Pharmaceutical Manufacturing 
Point Source Category on October 27, 1983 (49 FR 49808), the best 
practicable control technology (BPT) regulation in Sec. Sec.  439.22 
and 439.42 provided for a minimum monthly average limitation for 
BOD5, which was qualified by the following sentence: 
``However, a plant shall not be required to attain a maximum 30-day 
average BOD5 effluent limitation of less than the equivalent 
of 45 mg/l.'' EPA included this provision because dischargers with 
BOD5 levels up to 100 mg/L in their raw wastewater could not 
achieve the required 90% reduction of BOD5 using biological 
treatment, the technological basis for the limitation. Since biological 
treatment could not achieve the required reduction for such 
dischargers, EPA established a qualified provision for a minimum 
BOD5 concentration in the 1983 regulation.
    EPA inadvertently omitted this qualified provision of the 
BOD5 limitations from the final rule published in 1998, and 
this language consequently has not been included in subsequent editions 
of 40 CFR part 439. Today EPA is correcting this omission by adding to 
Sec. Sec.  439.22(a) and 439.42(a) the phrase: `` * * *, except that no 
facility shall be required to attain a monthly average limitation for 
BOD5 that is less than the equivalent of 45 mg/L.''

VI. Amendment To Delete Methyl Cellosolve From Pretreatment Standards

    EPA is amending 40 CFR part 439 by deleting the pretreatment 
standards for methyl Cellosolve from Sec. Sec.  439.16, 439.17, 439.36 
and 439.37, and from Table 2 of Appendix A. In the 1998 regulation, EPA 
established pretreatment standards for methyl

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Cellosolve and other pollutants which EPA's pass-through analysis 
concluded would pass through POTW treatment rather than be removed by 
POTW treatment. EPA based its determination on a chemical and 
engineering evaluation of which pollutants would not be susceptible to 
treatment in POTW biological treatment systems. EPA's pass-through 
analysis depended on a number of calculations, relying in part on a 
comparison of a parameter's Henry's Law Constant (HL) with a 
threshold HL value.
    In a letter to EPA dated November 28, 2000, the Pharmaceutical 
Research and Manufacturers of America (PhRMA) indicated that EPA had 
used an incorrect HL value for methyl Cellosolve in the 
pass-through analysis by assuming an HL value of 2.9 x 
10-3 atm/gmole/m3. This was the same 
HL value that had been used for methyl Cellosolve by EPA's 
Office of Air Quality Planning and Standards (OAQPS) in establishing 
the Maximum Air Control Technology (MACT) standards for pharmaceutical 
manufacturers that were promulgated in 1998, and that had been 
developed concomitantly with revised pretreatment standards for 40 CFR 
part 439. The OAQPS, however, subsequently revised its HL 
value for methyl Cellosolve from 2.9 x 10-3 to 3.3 x 
10-7 atm/gmole/m3, based on a value reported by 
Johanson G. and Dynesius B. in ``Liquid/air partition coefficients of 
six commonly used glycol ethers,'' British Journal of Industrial 
Medicine, 1988, 45:561-564.
    The determination of an incorrect HL constant was 
reinforced when EPA also considered the analytical technique required 
to measure low concentrations of methyl Cellosolve in wastewater. 
Analytical methods to measure volatile organic analytes (VOAs) utilize 
an inert gas purging technique to recover VOAs from a wastewater 
sample. But methyl Cellosolve does not purge efficiently and so must be 
analyzed using a direct injection technique. This fact offered 
additional evidence that EPA had used an inappropriate HL 
value for methyl Cellosolve in the earlier pass-through analysis of the 
pretreatment standards.
    The revised HL for methyl Cellosolve (3.3 x 
10-7 atm/gmole/m3) is well below the threshold 
HL value (1 x 10-5 atm/gmole/m3) that 
EPA used to classify a compound as a volatile organic compound (VOC) 
for purposes of the Agency's pass-through analysis. Thus, EPA relied on 
an inappropriate HL value for methyl Cellosolve in the pass-
through analysis for the 1998 rule. This caused this compound to be 
identified as a VOC, which the Agency's pass-through analysis 
determined would pass through a POTW's treatment. When EPA used the 
corrected lower HL value and found that methyl Cellosolve 
was not a VOC, the Agency's pass-through analysis determined that this 
compound would not pass through a POTW's treatment.

VII. Additional Edits to 40 CFR Part 439

    Today's rule also includes non-substantive edits and format changes 
to the rule promulgated in 1998 in order to shorten and clarify 40 CFR 
part 439. The ``Authority'' citation was shortened to conform with 
current guidance from the Federal Register Office. The text from Sec.  
439.4 was merged into Sec.  439.2 and the heading of Sec.  439.2 was 
revised to read: ``General monitoring requirements.'' Section 439.4 was 
re-designated under a new heading ``General limitation or standard for 
pH'' and the term ``Subcategory'' was removed from the heading of all 
subparts. EPA has also added definitions of ``Maximum daily'' and 
``Maximum monthly average'' to Sec.  439.1. These definitions are 
similar to those used in other effluent limitations guidelines and 
pretreatment standards regulations and reflect the definitions used to 
promulgate the limits in the existing 40 CFR part 439. Finally, the 
initial phrase, ``The term * * * '' was removed from all definitions, 
column headings and titles of all tables. Corresponding text 
referencing these headings and titles was also revised.

VIII. Rationale for Direct Final Rule

    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no adverse comment. 
The changes here will facilitate the implementation of part 439 and 
will not affect environmental impacts or compliance costs. They merely 
clarify applicable dates, correct an inadvertent error and omission, 
and make other non-substantive edits. However, in the ``Proposed 
Rules'' section of today's Federal Register, we are publishing a 
separate document that will serve as the proposal to amend part 439, as 
described herein, if adverse comments are filed. This rule will be 
effective on June 11, 2003 without further notice, unless we receive 
adverse comment by May 12, 2003. If EPA receives adverse comment on one 
or more distinct amendments, paragraphs, or sections of this 
rulemaking, we will publish a timely withdrawal in the Federal Register 
indicating which provisions will become effective and which provisions 
are being withdrawn due to adverse comment. Any distinct amendment, 
paragraph, or section of today's rulemaking for which we do not receive 
adverse comment will become effective on the date set out above, 
notwithstanding any adverse comment on any other distinct amendment, 
paragraph, or section of today's rule. We will address all adverse 
public comments in a subsequent final rule based on the proposed rule. 
We will not institute a second comment period on this action. Any 
parties interested in commenting must do so at this time.

IX. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, (October 4, 1993)), the 
Agency must determine whether a regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
It merely clarifies applicable dates, corrects an inadvertent error and 
omission, and makes other non-substantive edits.
    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

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and systems for the purposes of collecting, validating, and verifying 
information, processing and 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.
    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.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et seq., generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations and small 
governmental jurisdictions.
    For purposes of assessing the impact of today's final rule on small 
entities, a small entity is defined as (1) a small business with gross 
revenue under $6 million (based on Small Business Administration size 
standards); (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district or special district with a 
population less than 50,000; and (3) a small organization that is any 
not-for-profit enterprise which is independently owned and operated and 
is not dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. It merely 
clarifies applicable dates, corrects an inadvertent error and omission, 
and makes other non-substantive edits. As explained above, the change 
to the PSNS sections of the regulation merely removes any ambiguity 
about the applicability of the earlier 1983 pretreatment standards 
during the 10-year protection period prior to November 20, 1998, and 
makes them consistent with the latest NSPS sections. The PSNS revision 
does not establish any new requirements with respect to those subject 
to the regulation. The other changes similarly would have either no 
effect on the regulated entities, or at most an inconsequential effect. 
The deletion of methyl Cellosolve would reduce the economic impacts of 
the regulation on those entities, including small entities, subject to 
pretreatment standards in the two subparts which currently contain 
methyl Cellosolve as a regulated parameter. In addition, as noted 
above, the revision to re-establish the minimum concentration for 
BOD5 would correct an earlier inadvertent omission and 
reflect the requirements of existing discharge permits.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed, 
under section 203 of the UMRA, a small government agency plan. The plan 
must provide for notifying potentially affected small governments, 
enabling officials of affected small governments to have meaningful and 
timely input in the development of EPA regulatory proposals with 
significant Federal intergovernmental mandates, and informing, 
educating, and advising small governments on compliance with the 
regulatory requirements.
    EPA has determined that this final 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. It merely clarifies applicable dates, corrects 
an inadvertent error and omission, and makes other non-substantive 
edits. Thus, today's rule is not subject to the requirements of 
sections 202 and 205 of UMRA.
    For the same reason, EPA has determined that this final rule 
contains no regulatory requirements that might significantly affect 
small governments. The final rule does not uniquely affect small 
governments because small and large governments are affected in the 
same way. Thus, today's rule is not subject to the requirements of 
section 203 of UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This final rule does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. Today's rule amends effluent 
limitations and pretreatment standards which impose requirements that 
apply to facilities when they discharge wastewater or introduce 
wastewater to a POTW. It merely clarifies applicable dates, corrects an 
inadvertent error, and omission, and makes other non-substantive edits. 
EPA has determined that there are no pharmaceutical facilities owned 
and/or operated by State or local governments that would be subject to 
today's rule. Further, the rule would only incidentally affect State 
and local governments in their capacity as implementers of CWA NPDES 
permitting programs. Thus, Executive Order 13132 does not apply to this 
rule.

[[Page 12270]]

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have substantial direct effects on one or more Indian tribes, on 
the relationship between Federal government and Indian tribes or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes.
    This final rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, on the relationship 
between this Federal government and Indian tribes or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes. It merely clarifies applicable dates, 
corrects an inadvertent error and omission, and makes other non-
substantive edits. EPA has not identified any pharmaceutical facilities 
covered by today's rule that are owned and/or operated by Indian tribal 
governments. No Indian tribes are responsible for implementing the CWA 
NPDES permitting program. Thus, Executive Order 13175 does not apply to 
this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This final rule is not subject to Executive Order 13045 because it 
is not an economically significant rule as defined under Executive 
Order 12866. Further, this rule does not concern an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children.

H. Executive Order 13211: Actions that Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355; May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note), directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices) that are developed or adopted 
by voluntary consensus standards bodies. The NTTAA directs EPA to 
provide Congress, through the Office of Management and Budget (OMB), 
explanations when the Agency decides not to use available and 
applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to the publication of the rule in Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective June 11, 2003.

List of Subjects in 40 CFR Part 439

    Environmental protection, Drugs, Reporting and recordingkeeping 
requirements, Waste treatment and disposal, Water pollution control.

    Dated: February 28, 2003.
Christine Todd Whitman,
Administrator.
    For reasons set out in the preamble, part 439, title 40, chapter I 
of the Code of Federal Regulations is amended as follows:

PART 439--PHARMACEUTICAL MANUFACTURING POINT SOURCE CATEGORY

    1. The authority citation for part 439 is revised to read as 
follows:

    Authority: 33 U.S.C. 1311, 1314, 1316, 1317, 1318, 1342 and 
1361.

    2. Section 439.1 is amended by revising paragraphs (b) through (n) 
and adding paragraphs (o) and (p) to read as follows:


Sec.  439.1  General definitions.

* * * * *
    (b) Bench-scale operation means the laboratory testing of 
materials, methods, or processes on a small scale, such as on a 
laboratory worktable.
    (c) Cyanide (T) means the parameter total cyanide.
    (d) In-plant monitoring point means a location within a plant, 
where an individual process effluent can be exclusively monitored 
before it is diluted or mixed with other process wastewaters en route 
to the end-of-pipe.
    (e) Maximum daily means the highest allowable discharge of 
wastewater pollutants during a calender day or any 24 hour period that 
reasonably represents a calender day for purposes of sampling.
    (f) Maximum monthly average means the highest allowable average of 
daily discharges of wastewater pollutants over a calendar month, and is 
calculated as the sum of all daily values measured during a calendar 
month divided by the number of daily values measured during that month.
    (g) mg/L means milligrams per liter or parts per million (ppm)
    (h) Minimum level means the level at which an analytical system 
gives recognizable signals and an acceptable calibration point.
    (i) Nitrification capability means the capability of a POTW 
treatment system to oxidize ammonia or ammonium salts initially to 
nitrites (via Nitrosomonas bacteria) and subsequently to nitrates (via 
Nitrobacter bacteria). Criteria for determining the nitrification 
capability of a POTW treatment system are: bioassays confirming the 
presence of nitrifying bacteria; and analyses of the nitrogen balance 
demonstrating a reduction in the concentration of ammonia or ammonium 
salts and an

[[Page 12271]]

increase in the concentrations of nitrites and nitrates.
    (j) Non-detect (ND) means a concentration value below the minimum 
level that can be reliably measured by the analytical method.
    (k) Pilot-scale operation means processing equipment being operated 
at an intermediate stage between laboratory-scale and full-scale 
operation for the purpose of developing a new product or manufacturing 
process.
    (l) POTW means publicly owned treatment works (40 CFR 403.3).
    (m) Process wastewater, as defined at 40 CFR 122.2 and for the 
purposes of this part, does not include the following:
    (1) Trimethyl silanol, any active anti-microbial materials, process 
wastewater from imperfect fermentation batches, and process area 
spills. Discharges containing such materials are not subject to the 
limitations and standards of this part.
    (2) Non-contact cooling water, utility wastewaters, general site 
surface runoff, groundwater (e.g., contaminated groundwaters from on-
site or off-site groundwater remediation projects), and other non-
process water generated on site. Discharges of such waters and 
wastewaters are not subject to the limitations and standards of this 
part.
    (n) Non-conventional pollutants means parameters that are neither 
conventional pollutants (40 CFR 401.16), nor ``toxic'' pollutants (40 
CFR 401.15).
    (o) Surrogate pollutant means a regulated parameter that, for the 
purpose of compliance monitoring, is allowed to serve as a surrogate 
for a group of specific regulated parameters. Plants would be allowed 
to monitor for a surrogate pollutant(s), when the other parameters for 
which it stands are receiving the same degree of treatment as the 
surrogate pollutant(s) and all of the parameters discharged are in the 
same treatability class(es) as their respective surrogate pollutant(s). 
Treatability classes have been identified in Appendix A of this part 
for both steam stripping and biological treatment technologies, which 
are the respective technology bases for PSES/PSNS and BAT/NSPS 
limitations controlling the discharge of regulated organic parameters.
    (p) Xylenes means a combination of the three isomers: o-xylene, m-
xylene, and p-xylene.

    3. Section 439.2 is revised to read as follows:


Sec.  439.2  General monitoring requirements.

    (a) Permit compliance monitoring is required for each regulated 
pollutant generated or used at a pharmaceutical manufacturing facility, 
except where the regulated pollutant is monitored as a surrogate 
parameter. Permit limits and compliance monitoring are not required for 
regulated pollutants that are neither used nor generated at the 
facility. Except for cyanide, for which an alternate monitoring 
requirement is established in subparts A and C of this part, a 
determination that regulated pollutants are neither used nor generated 
should be based on a review of all raw materials in use, and an 
assessment of the process chemistry, products and by-products resulting 
from each of the manufacturing processes. This determination along with 
a recommendation of any surrogate must be submitted with permit 
applications for approval by the permitting authority, reconfirmed by 
an annual chemical analysis of wastewater from each monitoring 
location, and measurement of a non-detect value for each regulated 
pollutant or its surrogate. Permits must specify that such 
determinations will be maintained in the facility's permit records with 
their discharge monitoring reports and will be available to regulatory 
authorities upon request.
    (b) Unless noted otherwise, self-monitoring will be conducted at 
the point where the final effluent is discharged.

    4. Section 439.4 is revised to read as follows:


Sec.  439.4  General limitation or standard for pH.

    The pH must remain within the range 6.0 to 9.0 in any discharge 
subject to BPT, BCT or NSPS limitations or standards in this part.

    5. Revise the heading of subpart A to read as follows:

Subpart A--Fermentation Products

    6. Section 439.11 is revised to read as follows:


Sec.  439.11  Special definitions.

    For the purpose of this subpart:
    (a) Fermentation means process operations that utilize a chemical 
change induced by a living organism or enzyme, specifically, bacteria, 
or the microorganisms occurring in unicellular plants such as yeast, 
molds, or fungi to produce a specified product.
    (b) Product means pharmaceutical products derived from fermentation 
processes.

    7. Section 439.12 is amended by revising paragraphs (a) 
introductory text, and (b) through (e) to read as follows:


Sec.  439.12  Effluent limitations attainable by the application of the 
best practicable control technology currently available (BPT).

* * * * *
    (a) The maximum monthly average limitation for BOD5, 
expressed as mass loading (lbs., kg) per day, must reflect not less 
than 90 percent reduction in the long-term average daily 
BOD5 load of the raw (untreated) process wastewater, 
multiplied by a variability factor of 3.0.
* * * * *
    (b) The maximum monthly average limitation for TSS, expressed as 
mass loading (lbs., kg) per day, must be calculated as 1.7 times the 
BOD5 limitation determined in paragraph (a) of this section.
    (c) Except as provided in paragraph (d) of this section, the 
limitations for COD are as follows:

                       Effluent Limitations (BPT)
------------------------------------------------------------------------
                                                                Maximum
                                                     Maximum    monthly
                Regulated parameter                 daily \1\   average
                                                                  \1\
------------------------------------------------------------------------
COD...............................................       1675       856
------------------------------------------------------------------------
\1\mg/L (ppm).

    (d) If the maximum monthly average COD concentration in paragraph 
(c) of this section is higher than a concentration value reflecting a 
reduction in the long-term average daily COD load in the raw 
(untreated) process wastewater of 74 percent multiplied by a 
variability factor of 2.2, then the monthly average limitation for COD 
corresponding to the lower concentration value must be applied.
    (e) The effluent limitations for cyanide are as follows:

                       Effluent Limitations (BPT)
------------------------------------------------------------------------
                                                                Maximum
                                                     Maximum    monthly
                Regulated parameter                 daily \1\   average
                                                                  \1\
------------------------------------------------------------------------
Cyanide (T).......................................       33.5       9.4
------------------------------------------------------------------------
\1\mg/L (ppm).

* * * * *
    8. Section 439.14 is revised to read as follows:


Sec.  439.14  Effluent limitations attainable by the application of 
best available technology economically achievable (BAT).

    (a) Except as provided in 40 CFR 125.30 through 125.32, any 
existing point source subject to this subpart must achieve the 
following effluent limitations representing the application of BAT:

[[Page 12272]]



                       Effluent Limitations (BAT)
------------------------------------------------------------------------
                                                                Maximum
                                                    Maximum     monthly
               Regulated parameter                 daily \1\    average
                                                                  \1\
------------------------------------------------------------------------
Ammonia (as N)..................................       84.1        29.4
Acetone.........................................        0.5         0.2
4-methyl-2-pentanone............................        0.5         0.2
Isobutyraldehyde................................        1.2         0.5
n-Amyl acetate..................................        1.3         0.5
n-Butyl acetate.................................        1.3         0.5
Ethyl acetate...................................        1.3         0.5
Isopropyl acetate...............................        1.3         0.5
Methyl formate..................................        1.3         0.5
Amyl alcohol....................................       10.0         4.1
Ethanol.........................................       10.0         4.1
Isopropanol.....................................        3.9         1.6
Methanol........................................       10.0         4.1
Methyl Cellosolve...............................      100.0        40.6
Dimethyl sulfoxide..............................       91.5        37.5
Triethyl amine..................................      250.0       102.0
Phenol..........................................        0.05        0.02
Benzene.........................................        0.05        0.02
Toluene.........................................        0.06        0.02
Xylenes.........................................        0.03        0.01
n-Hexane........................................        0.03        0.02
n-Heptane.......................................        0.05        0.02
Methylene chloride..............................        0.9         0.3
Chloroform......................................        0.02        0.13
1,2-dichloroethane..............................        0.4         0.1
Chlorobenzene...................................        0.15        0.06
o-Dichlorobenzene...............................        0.15        0.06
Tetrahydrofuran.................................        8.4         2.6
Isopropyl ether.................................        8.4         2.6
Diethyl amine...................................      250.0       102.0
Acetonitrile....................................       25.0        10.2
------------------------------------------------------------------------
\1\ mg/L (ppm).

    (b) The limitations for COD are the same as specified in Sec.  
439.12(c) and (d).
    (c) The limitations for cyanide are the same as specified in Sec.  
439.12(e), (f) and (g).

    9. Section 439.15 is revised to read as follows:


Sec.  439.15  New source performance standards (NSPS).

    (a) Any new source subject to this subpart must achieve the 
following standards:

                      Performance Standards (NSPS)
------------------------------------------------------------------------
                                                                Maximum
                                                    Maximum     monthly
               Regulated parameter                 daily \1\    average
                                                                  \1\
------------------------------------------------------------------------
BOD5............................................      267         111
TSS.............................................      472         166
COD.............................................     1675         856
Ammonia (as N)..................................       84.1        29.4
Acetone.........................................        0.5         0.2
4-methyl-2-pentanone............................        0.5         0.2
Isobutyraldehyde................................        1.2         0.5
n-Amyl acetate..................................        1.3         0.5
n-Butyl acetate.................................        1.3         0.5
Ethyl acetate...................................        1.3         0.5
Isopropyl acetate...............................        1.3         0.5
Methyl formate..................................        1.3         0.5
Amyl alcohol....................................       10.0         4.1
Ethanol.........................................       10.0         4.1
Isopropanol.....................................        3.9         1.6
Methanol........................................       10.0         4.1
Methyl Cellosolve...............................      100.0        40.6
Dimethyl sulfoxide..............................       91.5        37.5
Triethyl amine..................................      250.0       102.0
Phenol..........................................        0.05        0.02
Benzene.........................................        0.05        0.02
Toluene.........................................        0.06        0.02
Xylenes.........................................        0.03        0.01
n-Hexane........................................        0.03        0.02
n-Heptane.......................................        0.05        0.02
Methylene chloride..............................        0.9         0.3
Chloroform......................................        0.02        0.13
1,2-dichloroethane..............................        0.4         0.1
Chlorobenzene...................................        0.15        0.06
o-Dichlorobenzene...............................        0.15        0.06
Tetrahydrofuran.................................        8.4         2.6
Isopropyl ether.................................        8.4         2.6
Diethyl amine...................................      250.0       102.0
Acetonitrile....................................       25.0        10.2
------------------------------------------------------------------------
\1\ mg/L (ppm)

    (b) The limitations for cyanide are the same as specified in Sec.  
439.12(e), (f) and (g).
    (c) Any new source subject to the provisions of this section that 
commenced discharging after November 21, 1988, and prior to November 
20, 1998, must continue to achieve the standards specified for this 
section in the 1988 edition of 40 CFR part 439, until the expiration of 
the applicable time period specified in 40 CFR 122.29(d)(1), after 
which the source must achieve the standards specified in Sec. Sec.  
439.13 and 439.14.

    10. Section 439.16 is revised to read as follows:


Sec.  439.16  Preatment standards for existing sources (PSES).

    (a) Except as provided in 40 CFR 403.7 and 403.13, any existing 
source subject to this subpart must continue achieving the standards 
for cyanide specified in paragraph (c) of this section and must achieve 
the following standards by September 21, 2001:

                      Pretreatment Standards (PSES)
------------------------------------------------------------------------
                                                                Maximum
                                                    Maximum     monthly
               Regulated  parameter                daily \1\    average
                                                                  \1\
------------------------------------------------------------------------
Ammonia (as N) \2\...............................       84.1       29.4
Acetone..........................................       20.7        8.2
4-methyl-2-pentanone.............................       20.7        8.2
Isobutyraldehyde.................................       20.7        8.2
n-Amyl acetate...................................       20.7        8.2
n-Butyl acetate..................................       20.7        8.2
Ethyl acetate....................................       20.7        8.2
Isopropyl acetate................................       20.7        8.2
Methyl formate...................................       20.7        8.2
Isopropyl ether..................................       20.7        8.2
Tetrahydrofuran..................................        9.2        3.4
Benzene..........................................        3.0        0.7
Toluene..........................................        0.3        0.2
Xylenes..........................................        3.0        0.7
n-Heptane........................................        3.0        0.7
n-Hexane.........................................        3.0        0.7
Methylene chloride...............................        3.0        0.7
Chloroform.......................................        0.1        0.03
1,2-dichloroethane...............................       20.7        8.2
Chlorobenzene....................................        3.0        0.7
o-Dichlorobenzene................................       20.7        8.2
Diethyl amine....................................      255.0      100.0
Triethyl amine...................................      255.0      100.0
------------------------------------------------------------------------
\1\ mg/L (ppm)
\2\ Not applicable to sources that discharge to a POTW with
  nitrification capability.

    (b) Sources that discharge to a POTW with nitrification capability 
(defined at Sec.  439.1(i)) are not required to achieve the 
pretreatment standard for ammonia (as N).
    (c) The limitations for cyanide are the same as specified in Sec.  
439.12(e), (f) and (g).

    11. Section 439.17 is revised to read as follows:


Sec.  439.17  Pretreatment standards for new sources (PSNS).

    (a) Except as provided in 40 CFR 403.7, any new source subject to 
this subpart that commenced discharge on November 20, 1998, or 
thereafter must achieve the same standards as specified in Sec.  
439.16.
    (b) Except as provided in 40 CFR 403.7, any new source subject to 
this subpart that commenced discharging after November 21, 1988, and 
prior to November 20, 1998, must continue to achieve the pretreatment 
standards specified for this section in the 1988 edition of 40 CFR part 
439 during a ten-year period beginning on the date the source commenced 
discharge, or during the period of depreciation or amortization of the 
facility, whichever comes first, after which the source must achieve 
the same standards as specified in Sec.  439.16.

    12. Revise the heading of subpart B to read as follows:

Subpart B--Extraction Products

    13. Section 439.21 is revised to read as follows:


Sec.  439.21  Special definitions.

    For the purpose of this subpart:
    (a) Extraction means process operations that derive 
pharmaceutically active ingredients from natural sources

[[Page 12273]]

such as plant roots and leaves, animal glands, and parasitic fungi by 
chemical and physical extraction.
    (b) Product means any substance manufactured by an extraction 
process, including blood fractions, vaccines, serums, animal bile 
derivatives, endocrine products and medicinal products such as 
alkaloids that are isolated from botanical drugs and herbs.

    14. Section 439.22 is amended by revising paragraphs (a) 
introductory text and (b) through (d) to read as follows:


Sec.  439.22  Effluent limitations attainable by the application of the 
best practicable control technology currently available (BPT).

* * * * *
    (a) The limitation for BOD5 is the same as specified in 
Sec.  439.12(a). No facility shall be required to attain a monthly 
average limitation for BOD5 that is less than the equivalent 
of 45 mg/L.
* * * * *
    (b) The limitation for TSS is the same as specified in Sec.  
439.12(b).
    (c) Except for the provisions in paragraph (d) of this section, the 
limitations for COD are as follows:

                       Effluent Limitations (BPT)
------------------------------------------------------------------------
                                                                Maximum
                                                     Maximum    monthly
                Regulated parameter                 daily \1\   average
                                                                  \1\
------------------------------------------------------------------------
COD...............................................        228        86
------------------------------------------------------------------------
\1\ mg/L (ppm)

    (d) If the maximum monthly average COD concentration in paragraph 
(c) of this section is higher than a concentration value reflecting a 
reduction in the long-term average daily COD load in the raw 
(untreated) process wastewater of 74 percent multiplied by a 
variability factor of 2.2, then a monthly average limitation for COD 
corresponding to the lower concentration value must be applied.

    15. Section 439.25 is revised to read as follows:


Sec.  439.25  New source performance standards (NSPS).

    (a) Any new source subject to this subpart must achieve the 
following standards:

                      Performance Standards (NSPS)
------------------------------------------------------------------------
                                                                Maximum
                                                     Maximum    monthly
                Regulated parameter                 daily \1\   average
                                                                  \1\
------------------------------------------------------------------------
BOD5..............................................         35         18
TSS...............................................         58         31
COD...............................................        228        86
------------------------------------------------------------------------
\1\ mg/L (ppm)

    (b) Any new source subject to the provisions of this section that 
commenced discharging after November 21, 1988, and prior to November 
20, 1998, must continue to achieve the standards specified for this 
section in the 1988 edition of 40 CFR part 439, until the expiration of 
the applicable time period specified in 40 CFR 122.29(d)(1), after 
which the source must achieve the standards specified in Sec. Sec.  
439.23 and 439.24.
    16. Section 439.26 is revised to read as follows:


Sec.  439.26  Pretreatment standards for existing sources (PSES).

    Except as provided in 40 CFR 403.7 and 403.13, any existing source 
subject to this subpart must achieve the following standards by 
September 21, 2001:

                      Pretreatment Standards (PSES)
------------------------------------------------------------------------
                                                                Maximum
                                                     Maximum    monthly
                Regulated parameter                 daily \1\   average
                                                                  \1\
------------------------------------------------------------------------
Acetone...........................................       20.7        8.2
n-Amyl acetate....................................       20.7        8.2
Ethyl acetate.....................................       20.7        8.2
Isopropyl acetate.................................       20.7        8.2
Methylene chloride................................        3.0       0.7
------------------------------------------------------------------------
\1\ mg/L (ppm).

    17. Section 439.27 is revised to read as follows:


Sec.  439.27  Pretreatment standards for new sources (PSNS).

    (a) Except as provided in 40 CFR 403.7, any new source subject to 
this subpart that commenced discharge on November 20, 1998, or 
thereafter must achieve the same standards as specified in Sec.  
439.26.
    (b) Except as provided in 40 CFR 403.7, any new source subject to 
this subpart that commenced discharging after November 21, 1988, and 
prior to November 20, 1998, must continue to achieve the pretreatment 
standards specified for this section in the 1988 edition of 40 CFR part 
439 during a ten-year period beginning on the date the source commenced 
discharge, or during the period of depreciation or amortization of the 
facility, whichever comes first, after which the source must achieve 
the same standards as specified in Sec.  439.26.

    18. Revise the heading of Subpart C to read as follows:

Subpart C--Chemical Synthesis Products

    19. Section 439.31 is revised, including the section heading, to 
read as follows:


Sec.  439.31  Special definitions.

    For the purpose of this subpart:
    (a) Chemical synthesis means using one or a series of chemical 
reactions in the manufacturing process of a specified product.
    (b) Product means any pharmaceutical product manufactured by 
chemical synthesis.

    20. Section 439.32 is amended by revising paragraphs (a) through 
(d) and removing paragraphs (e) through (g) to read as follows:


Sec.  439.32  Effluent limitations attainable by the application of the 
best practicable control technology currently available (BPT).

* * * * *
    (a)The limitation for BOD5 is the same as specified in 
Sec.  439.12(a).
    (b) The limitation for TSS is the same as specified in Sec.  
439.12(b).
    (c) The limitations for COD are the same as specified in Sec.  
439.12(c) and (d).
    (d) The limitations for cyanide are the same as specified in Sec.  
439.12(e), (f) and (g).
* * * * *

    21. Section 439.34 is revised to read as follows:


Sec.  439.34  Effluent limitations attainable by the application of 
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 the following 
effluent limitations representing the application of BAT:
    (a) The limitations are the same as specified in Sec.  439.14(a).
    (b) The limitations for COD are the same as specified in Sec.  
439.12(c) and (d).
    (c) The limitations for cyanide are the same as specified in Sec.  
439.12(e), (f) and (g).

    22. Section 439.35 is revised to read as follows:


Sec.  439.35  New source performance standards (NSPS).

    (a) Any new source subject to this subpart must achieve the same 
standards as specified in Sec.  439.15(a).
    (b) The limitations for cyanide are the same as specified in Sec.  
439.12(e), (f) and (g).

[[Page 12274]]

    (c) Any new source subject to the provisions of this section that 
commenced discharging after November 21, 1988, and prior to November 
20, 1998, must continue to achieve the standards specified for this 
section in the 1988 edition of 40 CFR part 439, until the expiration of 
the applicable time period specified in 40 CFR 122.29(d)(1), after 
which the source must achieve the standards specified in Sec.  439.33 
and Sec.  439.34.
    23. Section 439.36 is revised to read as follows:


Sec.  439.36  Pretreatment standards for existing sources (PSES).

    Except as provided in 40 CFR 403.7 and 403.13, any existing source 
subject to this subpart must continue achieving the standards for 
cyanide specified in paragraph (b) of this section and must achieve the 
standards specified in Sec.  439.16(a) by September 21, 2001.
    (a) Sources that discharge to a POTW with nitrification capability 
(defined at Sec.  439.1(i)) are not required to achieve the standards 
for ammonia (as N).
    (b) The standards for cyanide are the same as specified in Sec.  
439.12(e), (f) and (g).

    24. Section 439.37 is revised to read as follows:


Sec.  439.37  Pretreatment standards for new sources (PSNS).

    (a) Except as provided in 40 CFR 403.7, any new source subject to 
this subpart that commenced discharge on November 20, 1998, or 
thereafter must achieve the same standards as specified in Sec.  
439.36.
    (b) Except as provided in 40 CFR 403.7, any new source subject to 
this subpart that commenced discharging after November 21, 1988, and 
prior to November 20, 1998, must continue to achieve the pretreatment 
standards specified for this section in the 1988 edition of 40 CFR part 
439 during a ten-year period beginning on the date the source commenced 
discharge, or during the period of depreciation or amortization of the 
facility, whichever comes first, after which the source must achieve 
the same standards as specified in Sec.  439.36.

    25. Revise the heading of Subpart D to read as follows:

Subpart D--Mixing/Compounding and Formulation

    26. Section 439.41 is revised to read as follows:


Sec.  439.41  Special definitions.

    For the purpose of this subpart:
    (a) Mixing, compounding, and formulating operations means processes 
that put pharmaceutical products in dosage forms.
    (b) Product means any pharmaceutical product manufactured by 
blending, mixing, compounding, and formulating pharmaceutical 
ingredients. The term includes pharmaceutical preparations for both 
human and veterinary use such as ampules, tablets, capsules, vials, 
ointments, medicinal powders, solutions, and suspensions.

    27. Section 439.42 is amended by revising paragraphs (a) through 
(c) and removing paragraph (d) to read as follows:


Sec.  439.42  Effluent limitations attainable by the application of the 
best practicable control technology currently available (BPT).

* * * * *
    (a) The limitation for BOD5 is the same as specified in 
Sec.  439.12(a). No facility shall be required to attain a monthly 
average limitation for BOD5 that is less than the equivalent 
of 45 mg/L.
    (b) The limitation for TSS is the same as specified in Sec.  
439.12(b).
    (c) The limitations for COD are the same as specified in Sec.  
439.22(c) and (d).
* * * * *

    28. Section 439.44 is revised to read as follows:


Sec.  439.44  Effluent limitations attainable by the application of 
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 the following 
effluent limitations representing the application of BAT: The 
limitations for COD are the same as specified in Sec.  439.22(c) and 
(d).

    29. Section 439.45 is revised to read as follows:


Sec.  439.45  New source performance standards (NSPS).

    (a) Any new source subject to this subpart must achieve the same 
standards as specified in Sec.  439.25(a).
    (b) Any new source subject to the provisions of this section that 
commenced discharging after November 21, 1988, and prior to November 
20, 1998, must continue to achieve the standards specified for this 
section in the 1988 edition of 40 CFR part 439, until the expiration of 
the applicable time period specified in 40 CFR 122.29(d)(1), after 
which the source must achieve the standards specified in Sec.  439.43 
and Sec.  439.44.

    30. Section 439.46 is revised to read as follows:


Sec.  439.46  Pretreatment standards for existing sources (PSES).

    Except as provided in 40 CFR 403.7 and 403.13, any existing source 
subject to this subpart must achieve the following standards by 
September 21, 2001:

                      Pretreatment Standards (PSES)
------------------------------------------------------------------------
                                                                Maximum
               Regulated parameter                  Maximum     monthly
                                                    daily\1\  average\1\
------------------------------------------------------------------------
Acetone..........................................       20.7         8.2
n-Amyl acetate...................................       20.7         8.2
Ethyl acetate....................................       20.7         8.2
Isopropyl acetate................................       20.7         8.2
Methylene chloride...............................        3.0        0.7
------------------------------------------------------------------------
\1\ mg/L (ppm).


    31. Section 439.47 is revised to read as follows:


Sec.  439.47  Pretreatment standards for new sources (PSNS).

    (a) Except as provided in 40 CFR 403.7, any new source subject to 
this subpart that commenced discharge on November 20, 1998, or 
thereafter must achieve the same standards as specified in Sec.  
439.46.
    (b) Except as provided in 40 CFR 403.7, any new source subject to 
this subpart that commenced discharging after November 21, 1988, and 
prior to November 20, 1998, must continue to achieve the pretreatment 
standards specified for this section in the 1988 edition of 40 CFR part 
439 during a ten-year period beginning on the date the source commenced 
discharge, or during the period of depreciation or amortization of the 
facility, whichever comes first, after which the source must achieve 
the same standards as specified in Sec.  439.46.

    32. Revise the heading of subpart E to read as follows:

Subpart E--Research

    33. Section 439.51 is revised to read as follows:


Sec.  439.51  Special definitions.

    For the purpose of this subpart, product means products or services 
resulting from research and product development activities.

    34. Section 439.52 is amended by revising paragraphs (a) through 
(d) to read as follows:


Sec.  439.52  Effluent limitations attainable by the application of the 
best practicable control technology currently available (BPT).

* * * * *
    (a) The limitation for BOD5 is the same as specified in 
Sec.  439.12(a). No

[[Page 12275]]

facility shall be required to attain a monthly average limitation for 
BOD5 that is less than the equivalent of 45 mg/L.
    (b) The limitation for TSS is the same as specified in Sec.  
439.12(b).
    (c) The maximum monthly average limitation for COD, expressed as 
mass loading (lbs, kg) per day, must reflect not less than 74 percent 
reduction in the long-term average daily COD load of the raw 
(untreated) process wastewater, multiplied by a variability factor of 
2.2. No facility shall be required to attain a limitation for COD that 
is less than the equivalent of 220 mg/L.
    (d) The long-term average daily BOD5 or COD mass loading 
of the raw process wastewater (i.e., the base number to which the 
percent reduction is applied) is defined as the average daily 
BOD5 or COD load during any calendar month, over 12 
consecutive months within the most recent 36 months.
    (1) To assure equity in the determination of NPDES permit 
limitations regulating discharges subject to this subpart, calculation 
of the long-term average daily BOD5 or COD load in the 
influent to the wastewater treatment system must exclude any portion of 
the load associated with solvents, except for residual amounts of 
solvents remaining after the practices of recovery and/or separate 
disposal or reuse. Residual amounts of these substances may be included 
in the calculation of the average influent BOD5 or COD 
loading.
    (2) The practices of recovery, and/or separate disposal or reuse 
include: recovery of solvents from wastestreams; and incineration of 
concentrated solvent wastestreams (including tar still bottoms). This 
regulation does not prohibit the inclusion of such wastes in raw waste 
loads in fact, nor does it mandate any specific practice, but rather 
describes the rationale for determining NPDES permit limitations. The 
effluent limitation for BOD5 or COD may be achieved by any 
of several, or a combination, of these practices.
* * * * *

    35. Table 2 of Appendix A is revised to read as follows:

Appendix A to Part 439--Tables

* * * * *

Table 2.--Surrogate Parameters for Indirect Dischargers (Utilizing Steam
                     Stripping Treatment Technology)
------------------------------------------------------------------------
     Regulated parameters                  Treatability class
------------------------------------------------------------------------
Benzene                         ........................................
Toluene \1\                     ........................................
Xylenes                         ........................................
n-Heptane                       High strippability.
Chloroform \1\                  ........................................
Methylene chloride \1\          ........................................
Chlorobenzene                   ........................................
-------------------------------
Ammonia (aqueous)               ........................................
Diethyl amine                   ........................................
Triethyl amine                  ........................................
Acetone \1\                     ........................................
4-methyl-2-pentanone            ........................................
n-Amyl acetate                  ........................................
n-Butyl acetate                 ........................................
Ethyl acetate                   Medium strippability.
Isopropyl acetate               ........................................
Methyl formate                  ........................................
Isopropyl ether                 ........................................
Tetrahydrofuran \1\             ........................................
1,2-dichloroethane              ........................................
o-Dichlorobenzene               ........................................
------------------------------------------------------------------------
\1\ These parameters may be used as a surrogate to represent other
  parameters in the same treatability class.

[FR Doc. 03-5716 Filed 3-12-03; 8:45 am]
BILLING CODE 6560-50-P