[Federal Register Volume 68, Number 245 (Monday, December 22, 2003)]
[Rules and Regulations]
[Pages 71014-71026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31346]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 437

[FRL-7601-3]
RIN 2040-AD95


Effluent Limitations Guidelines, Pretreatment Standards, and New 
Source Performance Standards for the Centralized Waste Treatment Point 
Source Category

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is amending certain 
provisions of a wastewater discharge regulation for the Centralized 
Waste Treatment (CWT) Point Source Category. Today's action deletes the 
selenium limitations and standards from certain sections of Subpart A, 
the Metals Treatment and Recovery subcategory. In addition, it deletes 
the barium, molybdenum, antimony, and titanium limitations and 
standards from Subpart B, the Oils Treatment and Recovery subcategory. 
Further, this action deletes the molybdenum, antimony, aniline, and 
2,3-dichloroaniline limitations and standards from the Organics 
Treatment and Recovery subcategory. This action also revises all 
applicable related sections of Subpart D, the Multiple Wastestream 
subcategory, to reflect the preceding revisions. Finally this action 
increases the maximum monthly average BOD5 limitation for 
directly discharging facilities subject to a section of the Multiple 
Wastestreams subcategory. EPA originally established wastewater 
discharge standards for CWT facilities in December 2000. Following 
publication of that rule, a number of CWT facilities petitioned EPA to 
reconsider the limitations and standards for certain pollutants. EPA 
evaluated the technology basis and other analyses and agreed with many 
of the suggested revisions. Today's action establishes those changes. 
As a result, facilities will not be required to comply with certain 
discharge standards that were erroneously included in the earlier 
regulation or for which EPA had incorrectly assessed the capability of 
the technology to achieve the removals.

DATES: This regulation shall become effective on December 22, 2003.

ADDRESSES: The administrative record is available for inspection and 
copying at the Water Docket, located at the EPA Docket Center (EPA/DC) 
in the basement of the EPA West Building, Room B-102, 1301 Constitution 
Ave., NW., Washington, DC. The rule and key supporting materials are 
also electronically available via EPA Dockets (Edocket) at http://www.epa.gov/edocket/ Edocket number OW-2003-0075 or at http://www.epa.gov/guide/cwt/.

FOR FURTHER INFORMATION CONTACT: Elwood H. Forsht, EPA Office of Water 
by phone at (202) 566-1025 or by e-mail at [email protected]. For 
information on how to get copies of this document and other related 
information see the SUPPLEMENTARY INFORMATION section.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Legal Authority
III. Overview of Effluent Limitations Guidelines and Standards for 
Centralized Waste Treatment
IV. Amendment to Remove Selenium Limitations from Certain Sections 
of the Metals Treatment and Recovery Subcategory
V. Amendment to Remove Barium, Molybdenum, Antimony, and Titanium 
Limitations from the Oils Treatment and Recovery Subcategory
VI. Amendment to Remove Molybdenum, Antimony, Aniline, and 2,3-
Dichloroaniline Limitations from the Organics Treatment and Recovery 
Subcategory
VII. Amendment to Revise the Related Multiple Wastestreams 
Subcategory Segments
VIII. Summary of Today's Amendments
IX. Corrections and Edits to 40 CFR part 437
X. Good Cause for Making Today's Amendments Effective on December 
22, 2003
XI. Statutory and Executive Order Reviews

[[Page 71015]]

I. General Information

A. What Entities Are Potentially Regulated by This Regulation?

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

----------------------------------------------------------------------------------------------------------------
               Category                      Examples of regulated entities                 NAICS codes
----------------------------------------------------------------------------------------------------------------
Industry..............................  Discharges from stand-alone waste         56221, 562219.
                                         treatment and recovery facilities
                                         receiving materials from off-site.
                                         These facilities may treat hazardous or
                                         non-hazardous waste, hazardous or non-
                                         hazardous wastewater, and/or used
                                         material from off-site, for disposal,
                                         recycling, or recovery.
                                        Certain discharges from waste treatment
                                         systems at facilities primarily engaged
                                         in other industrial operations.
                                         Industrial facilities that process
                                         their own, on-site generated, process
                                         wastewater with hazardous or non-
                                         hazardous wastes, wastewaters, and/or
                                         used material received from off-site,
                                         in certain circumstances, may be
                                         subject to this rule with respect to a
                                         portion of their discharge.
----------------------------------------------------------------------------------------------------------------

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.  437.1, 437.2, 
437.10, 437.20, 437.30, and 437.40 of title 40 of the Code of Federal 
Regulations. If you have questions about 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-2003-0075. 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. To view these docket materials, please call ahead to schedule an 
appointment. Every user is entitled to copy 266 pages per day before 
incurring a charge. The Docket may charge 15 cents a page for each page 
over the 266-page limit plus an administrative fee of $25.00.
    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 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. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in section I.B.1. Once in the system, 
select ``search,'' then key in the appropriate docket identification 
number.

C. What Process Governs Judicial Review for Today's Final Rule?

    In accordance with 40 CFR 23.2, today's rule is considered 
promulgated for the purposes of judicial review as of 1 p.m. eastern 
daylight time, January 5, 2004. Under section 509(b)(1) of the Clean 
Water Act (CWA), judicial review of today's effluent limitations 
guidelines and standards may be obtained by filing a petition in the 
United States Circuit Court of Appeals for review within 120 days from 
the date of promulgation of these guidelines and standards. Under 
section 509(b)(2) of the CWA, the requirements of this regulation may 
not be challenged later in civil or criminal proceedings brought by EPA 
to enforce these requirements.

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 for 
Centralized Waste Treatment

    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, 
the CWA prohibits the discharge of pollutants into navigable waters 
except in compliance with the statute. The CWA confronts the problem of 
water pollution on a number of different fronts. It relies primarily, 
however, on establishing restrictions on the types and amounts of 
pollutants discharged from various industrial, commercial, and public 
sources of wastewater.
    Congress recognized that regulating only those sources that 
discharge effluent directly into the Nation's waters would not achieve 
the CWA's goals. Consequently, the CWA requires EPA to set nationally-
applicable pretreatment standards that restrict pollutant discharges 
for those facilities that 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 wastewater pollutants that may pass 
through or interfere with POTWs operations. Generally, pretreatment 
standards are designed to ensure that wastewater from direct and 
indirect industrial dischargers are subject to similar levels of 
treatment. POTWs must also implement local pretreatment limits 
applicable to their industrial indirect dischargers to satisfy local 
requirements (40 CFR 403.5).
    Direct dischargers must comply with effluent limitations through 
National

[[Page 71016]]

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 December 22, 2000, EPA published regulations establishing 
effluent limitations guidelines, pretreatment standards for new and 
existing sources, and new source performance standards for the 
Centralized Waste Treatment (CWT) Point Source Category (65 FR 81242). 
These regulations control the discharges from CWT facilities that 
receive waste, wastewater, or used material from off-site. EPA 
established limitations and standards for four CWT subcategories. The 
first three subcategories cover facilities that treat or recover only 
one type of waste, either metal-bearing (Subpart A--Metals Treatment 
and Recovery), oily (Subpart B--Oils Treatment and Recovery), or 
organic (Subpart C--Organics Treatment and Recovery). The fourth 
subcategory, Subpart D--Multiple Wastestreams, covers facilities that 
treat or recover some combination of metal-bearing, oily, and organic 
waste, wastewater, or used material received from off-site. Using 
Subpart D limitations and standards simplifies implementation of the 
rule and compliance monitoring for CWT facilities that treat wastes 
subject to more than one of the first three subcategories. These 
facilities may choose to comply with the provisions of the multiple 
wastestreams Subpart D rather than Subparts A, B, or C. However, they 
must certify that an equivalent treatment system is installed and 
properly designed, maintained, and operated.
    After the Agency published the December 2000 final rule, facilities 
in the regulated community conducted compliance monitoring studies and 
began to develop compliance strategies for the regulated pollutants. 
Based on these efforts, several members of the regulated community and 
a trade association submitted new information to the Agency and asked 
EPA to revise certain aspects of the final rule. In September 2003, EPA 
proposed to amend the regulations to delete certain pollutants from 
those subject to effluent limitations guidelines and standards. (68 FR 
53432, September 10, 2003). After our own analysis and review of 
comments received on the proposed amendment, EPA has determined that it 
should adopt the proposed modifications to the current rule as well as 
several additional modifications resulting from additional analyses in 
the organics subcategory.

IV. Amendment To Remove Selenium Limitations From Certain Sections of 
the Metals Treatment and Recovery Subcategory

    For the Metals Treatment and Recovery subcategory, EPA proposed to 
amend 40 CFR part 437 by deleting from Sec. Sec.  437.11, 437.13, 
437.15 and 437.16 the respective Best Practicable Control Technology 
Currently Available (BPT), Best Available Technology Economically 
Achievable (BAT), Pretreatment Standards for Existing Sources (PSES), 
and Pretreatment Standards for New Sources (PSNS) limitations and 
standards for selenium. We are adopting the changes for the reasons 
explained below. Section VII describes the methodology used to revise 
the related segments of the Multiple Wastestreams subcategory to 
reflect deletion of selenium from the Metals Treatment and Recovery 
subcategory.
    In the December 2000 final rule, EPA established, for the Metals 
Treatment and Recovery subcategory, direct discharge limitations and 
standards as well as pretreatment standards for selenium and 15 other 
metal pollutants. The model technology for the BPT, BAT, PSES, and PSNS 
limitations and standards was primary chemical precipitation, liquid-
solid separation, secondary chemical precipitation, clarification, and 
sand filtration. Following promulgation of the final rule, EPA received 
information indicating that the model technology that was the basis for 
the limitations and standards for existing sources would not remove 
selenium from wastewater consistently to the level required by the 
regulation. Based on the Agency's review of this information, EPA 
agrees and has concluded that it should delete selenium from the 
regulated metals for this subcategory. (EPA did not reassess its New 
Source Performance Standards (NSPS) for selenium because the standards 
are based on a different model treatment system involving the use of 
selective metals precipitation.)
    While the data in the record for the 2000 CWT regulation 
demonstrate that the technology EPA evaluated as the basis for the BPT, 
BAT, PSES, and PSNS limitations and standards removes selenium, they 
also show that selenium removal was achieved only in the last stage of 
the model treatment system--the sand filtration polishing step. The 
sand filtration polishing step was included in the model technology to 
ensure compliance with total suspended solids (TSS) limits and was not 
designed to achieve specific metal removals. While it is true that the 
removal of solids associated with sand filtration will also remove 
associated metals, these metals removals are not achieved at a 
consistent or predictable rate. EPA did not intend to regulate a metal 
for which removals were obtained only during this final, polishing step 
of an extended treatment train. The identified removals may be an 
artifact of the particular data set EPA evaluated, and the record does 
not demonstrate that selenium removals are achieved consistently and 
predictably with this technology. While removals were observed, EPA 
determined that facilities would not be able to achieve the consistent 
removals required for compliance with a specific regulatory limit for 
selenium. Commenters on the proposed amendment supported EPA's 
conclusions. Commenters' experience confirmed that the model technology 
would not achieve consistent and predictable high-percentage removal of 
selenium. The docket includes documents which describe EPA's review of 
the selenium data that form the basis for today's action (DCNs 47.1 and 
47.2).
    Although EPA is deleting the regulatory limits for selenium in the 
selected sections, operation of treatment systems required to achieve 
compliance with the 14 other metals limits will ensure some continued 
removal of selenium, even if not at a consistent and predictable rate. 
Even without incidental removals for selenium, the estimated pollution 
reduction for this regulation remains relatively unchanged from the 
December 2000 estimates. Specifically, the decrease in reductions would 
be only 398 pounds per year (lbs/yr) or 0.01 percent of the total 
estimated metals subcategory reduction of 3.17 million lbs/yr. 
Expressed as toxic pound-equivalents (lb-eq), the decrease as a result 
of assuming no selenium removals is 0.011 percent or 438 lb-eq/yr out 
of the total estimated metals subcategory reduction of 415,393 lb-eq/yr 
(DCN 48.1).

V. Amendment To Remove Barium, Molybdenum, Antimony, and Titanium 
Limitations From the Oils Treatment and Recovery Subcategory

    In the December 2000 final rule, EPA established, for the Oils 
Treatment and Recovery subcategory, direct discharge limitations and 
standards for barium, molybdenum, antimony, and titanium as well as 18 
other pollutants. It also established pretreatment standards for 
barium, molybdenum, and antimony as well as 11 other pollutants. The 
model

[[Page 71017]]

technology used as the basis for the BPT, BAT, NSPS, and PSNS 
limitations and standards was emulsion breaking/gravity separation, 
secondary gravity separation, and dissolved air flotation (DAF). The 
PSES model technology was emulsion breaking/gravity separation, and 
DAF.
    After EPA published the final rule, members of the regulated 
community evaluated different engineering strategies for complying with 
the promulgated limitations and standards. Several companies and a 
trade association submitted new information to EPA demonstrating that 
the model technology did not consistently remove certain pollutants 
from oils wastestreams. They reported to EPA that the limitations and 
standards were not technically achievable and petitioned EPA to delete 
these pollutants from the regulated parameters.
    Based on the data submitted concerning metals removal and the model 
technology, EPA reexamined its model technology. As noted above, the 
model technology used for BPT, BAT, NSPS, and PSNS consists of emulsion 
breaking/gravity separation, secondary gravity separation, and DAF. 
During the DAF phase of treatment, surface active agents, coagulating 
agents, and polyelectrolytes are added to the wastewater, and the pH of 
the system is adjusted. The effect of adding coagulating agents and 
adjusting pH is to promote precipitation of metals and their consequent 
removal. Different metals are removed more effectively at different 
concentrations of coagulating agents and at different pH levels. EPA 
examined its database to identify which of the metal pollutants were 
removed consistently and predictably by the treatment system. Our 
review demonstrates that removals were not consistent and predictable 
for barium, molybdenum, antimony, and titanium. As a result, EPA is 
amending the regulations to remove the limitations and standards for 
these metal pollutants from Subpart B and to modify the related 
provisions of Subpart D to reflect these changes. In today's action, 
EPA is deleting BPT, BAT, and NSPS limitations and standards for 
barium, molybdenum, titanium, and antimony. EPA is also deleting PSES 
and PSNS standards for barium, molybdenum and antimony. (EPA had not 
promulgated pretreatment standards for titanium in the December 2000 
rule.) Comments on the proposed amendment and EPA's record support 
these changes as explained in the following discussions.
    Even though this amendment deletes the limitations and standards 
for these four metal pollutants, the control of other metal pollutants 
ensures some incidental removals for these parameters. For direct 
discharge facilities, limitations for nine other metals remain in 
place. For indirect discharge facilities, pretreatment standards for 
six other metals remain in place.

A. Barium

    EPA is amending 40 CFR part 437 by deleting from Sec. Sec.  437.21, 
437.23, 437.24, 437.25 and 437.26 the respective BPT, BAT, NSPS, PSES, 
and PSNS limitations and standards for barium. Section VI describes the 
methodology used to revise the related segments of the Multiple 
Wastestreams subcategory to reflect deletion of barium from the Oils 
Treatment and Recovery subcategory.
    EPA received information and data from several companies and a CWT 
trade association concerning barium concentrations in different types 
of waste receipts treated at CWT facilities. EPA evaluated this 
information and concluded that the model technology would not reliably 
and consistently remove barium to the limits required in the oils 
subcategory. The record includes the additional information provided to 
the Agency with the request for changes to the regulation and EPA's 
review of that information (DCNs 43.2.49, 43.2.51, 43.2.54, 43.2.60, 
44.2, 44.2.1, 44.3, 45.29.1, and 47.7).
    EPA based its determination on the information noted above and 
other information supplied by commenters. Petitioners and commenters 
noted that CWT facilities accept a variety of oily waste receipts that 
contain barium including used lubricating oils and greases and oil and 
gas extraction drilling fluids and brine. The information and data 
indicate that barium is usually precipitated as barium sulfate and that 
sedimentation, rather than dissolved air flotation, would provide more 
consistent barium removals.
    EPA's single-stage DAF model treatment system was designed 
primarily to remove suspended solids and dispersed oil and grease from 
oily wastewater. The use of treatment chemicals effectively increases 
the efficiencies of DAF treatment systems in removing suspended solids 
and may also enhance the removal of metals (DCN 41.2, pages 8-13 to 
15). The operating conditions of the model treatment technology in the 
final regulation included the addition of treatment chemicals (aluminum 
sulfate, caustic soda, and polymers). Use of aluminum sulfate (alum) 
precipitates barium sulfate which has a specific gravity 4.5 times 
heavier than water; the use of polymers flocculate suspended particles.
    Because of the density of barium sulfate and the use of polymers, 
large floc formations would tend to sink, and smaller floc formations 
would tend to float. However, if colloidal suspensions are formed, DAF 
might be ineffective. Therefore, removing barium sulfate by DAF 
requires a careful balance between forming a large enough floc to be 
floated but not too large to sink. In these circumstances, EPA 
determined that the model DAF technology would not reliably and 
consistently provide the pollutant reductions that were used for the 
promulgated limitations. Thus, EPA proposed to remove the limitations 
and standards for barium from Subpart B and the associated provisions 
of Subpart D. EPA did not intend to regulate a pollutant in the oils 
waste receipts subcategory for which compliance could not be 
consistently and predictably achieved with the model DAF treatment 
system. Further analysis of EPA data and that supplied by commenters 
and others confirms EPA's conclusions about barium removals in the 
model DAF treatment system. As a consequence, EPA is modifying the 
limitations and standards to remove barium as a regulated pollutant.
    Although EPA is deleting the regulatory limits for barium, 
operation of treatment systems required to achieve compliance with 
other metals limits will ensure some continued removal of barium, even 
if not at a consistent and predictable rate. Even without incidental 
removals for barium, the estimated pollutant reduction for this 
regulation remains relatively unchanged from the December 2000 
estimates. Specifically, the oils subcategory pollutant reductions 
would decrease by 2,117 lbs/yr or 0.25 percent of the total estimated 
reduction of 859,988 lbs/yr if no barium removals were included. 
Expressed as toxic pound-equivalents, the decrease assuming no barium 
removals is less than 0.008 percent or 4 lb-eq/yr of the total 
estimated subcategory reduction of 52,603 lb-eq/yr (DCN 48.1).

B. Molybdenum, Antimony, and Titanium

    EPA is amending 40 CFR part 437 by deleting the respective BPT, 
BAT, and NSPS limitations and standards for molybdenum, antimony, and 
titanium from Sec. Sec.  437.21, 437.23, 437.24; and by deleting the 
respective PSES and PSNS standards for molybdenum and antimony from 
Sec. Sec.  437.25 and 437.26. Section VI describes the methodology used 
to revise the related segments of

[[Page 71018]]

the Multiple Wastestreams subcategory to reflect deletions of regulated 
pollutants.
    As explained in the proposal, EPA's single-stage DAF model 
treatment system was designed primarily to remove suspended solids and 
dispersed oil and grease from oily wastewater. The use of treatment 
chemicals effectively increases the efficiencies of DAF treatment 
systems in removing suspended solids. It may also enhance the removal 
of metals (DCN 41.2, pages 8-13 to 15). The conditions under which the 
EPA's model treatment technology operated included adding treatment 
chemicals (aluminum sulfate, caustic soda, and polymer) with pH 
adjustments to relatively strong base levels between 9 to 11. These 
operating conditions optimize removals of the more traditional heavy 
metals including chromium, zinc, lead, nickel, copper, and cadmium.
    As previously noted, after EPA published the December 2000 final 
rule, the regulated community evaluated several different engineering 
strategies for complying with the limitations and standards. Several 
companies and a CWT trade association submitted new information 
demonstrating that the model technology would not consistently remove 
certain pollutants from oils wastestreams. They reported that the 
antimony, molybdenum, and titanium limitations and standards were not 
technically achievable, petitioning EPA to delete these pollutants as 
regulated parameters. The docket includes the additional information 
and EPA's review of that information (DCNs 45.12.1, 45.12.2, 45.12.3, 
45.12.4, 45.25, 45.25.2, 46.5.1, 46.5.2, 46.5.3, 46.10, 46.11, 46.12, 
46.15, 46.21, and 47.5).
    Based on the materials submitted, EPA reexamined its model 
technology and the removal data. The results led EPA to propose 
deleting the antimony, molybdenum, and titanium limitations and 
standards in the Oils Treatment and Recovery subcategory. Information 
and data submitted by commenters has further convinced the Agency that 
the oils subcategory model DAF treatment technology will not 
consistently meet the antimony, molybdenum, and titanium limitations 
and standards. The data demonstrate that optimum removals of antimony, 
molybdenum, and titanium require treatment with high concentrations of 
iron (ranging from 1,000 to 5,000 mg/l ). The data also demonstrate 
that optimum removals of antimony and molybdenum require pH adjustments 
to relatively strong acid levels between 4 to 5. To ensure compliance 
with the antimony, molybdenum, and titanium limitations and standards, 
many oily waste facilities would need to add a second-stage chemical 
precipitation step, operated at a relatively low pH (between 4 and 5) 
and/or add large quantities of iron (1,000 to 5,000 mg/l), followed by 
clarification or filtration.
    EPA did not intend to regulate a pollutant in the oils waste 
receipts subcategory for which compliance requires the addition of 
uniquely designed chemical precipitation systems to the model 
technology. Based on the information and data provided, we conclude 
that many CWT facilities subject to Subpart B would not be able to 
comply with the antimony, molybdenum, and titanium limitations and 
standards through the use of the model DAF technology alone. EPA is 
therefore amending the regulation to remove the limitations and 
standards for these pollutants from Subpart B and revise the associated 
provisions of Subpart D.
    Although EPA is deleting the regulatory limits for antimony, 
molybdenum, and titanium, operation of treatment systems required to 
achieve compliance with other metals limits will ensure some continued 
removal of antimony, molybdenum, and titanium, even if not at 
consistent and predictable rates. Even with no incidental removals for 
antimony, molybdenum, and titanium, the estimated oils subcategory 
pollutant reduction for this regulation remains relatively unchanged 
(the December 2000 estimated pollutant reductions would decrease by 
7,832 lbs/yr or 0.91 percent of the total estimated reduction of 
859,988 lbs/yr). Expressed as pollutant pound-equivalents, the 
decrease, assuming no antimony, molybdenum, and titanium removals, is 
about 2.89 percent or 1,519 lb-eq/yr out of the total estimated 
subcategory reduction of 52,603 lb-eq/yr (DCN 48.1).

VI. Amendment To Remove Molybdenum, Antimony, Aniline, and 2,3-
Dichloroaniline Limitations From the Organics Treatment and Recovery 
Subcategory

    EPA is amending 40 CFR Part 437 by deleting from Sec. Sec.  437.31, 
437.33, and 437.34 the respective BPT, BAT, and NSPS limitations and 
standards for molybdenum, antimony, aniline, and 2,3-dichloroaniline; 
and by deleting the respective PSES and PSNS standards for molybdenum 
and 2,3-dichloroaniline from Sec. Sec.  437.35 and 437.36. Section VII 
describes the methodology used to revise the related segments of the 
Multiple Wastestreams subcategory to reflect deletions of regulated 
pollutants.
    In the proposed amendment, EPA asked for comment on an issue raised 
by the National Oil Recyclers Association (NORA). NORA submitted 
information with a request that EPA delete the molybdenum limitations 
and standards from the Organics Treatment and Recovery subcategory and 
from the related sections of the Multiple Wastestreams subcategory 
(DCNs 45.32 and 45.33). NORA stated that many CWT organics subcategory 
facilities had molybdenum influent raw waste concentrations that are 
too high for effective biological treatment. Based on our assessment of 
the information and data, EPA indicated in the proposed amendment that 
it would probably delete the molybdenum limitations from the organics 
subcategory. We sought further information that showed that the model 
technology for the Organics Treatment and Recovery subcategory would 
not consistently and predictably remove molybdenum from wastestreams. 
EPA received additional information and data from commenters on this 
issue and has determined that it should remove molybdenum from the 
pollutants regulated in the Organics Treatment and Recovery subcategory 
(and related sections of the Multiple Wastestreams subcategory).
    EPA had based the December 2000 effluent limitations and 
pretreatment standards for Subpart C--the Organics Treatment and 
Recovery subcategory--on the performance of one model facility that 
used the BPT/BAT model technology. That technology consists of 
equalization followed by biological treatment provided by a sequential 
batch reactor (SBR). EPA's analysis of information and data submitted 
by commenters and in the rulemaking record demonstrates, however, that 
well-designed and well-operated treatment systems at CWT facilities 
that use the BPT/BAT technology as the basis for the organics 
subcategory limitations and standards will not consistently and 
predictably remove molybdenum. Commenters asserted that EPA had 
erroneously selected molybdenum as a regulated pollutant because it had 
used data from the wrong influent sample point. Further, commenters 
asserted that EPA had improperly included in its determination influent 
data for one day of sampling for which it had no corresponding effluent 
data. Commenters concluded that, if EPA had applied its methodology to 
the proper data set from the correct sampling point, the Agency would 
not have selected molybdenum for regulation.
    EPA has reexamined the data underlying its original determination 
of which pollutants should be regulated in the organics subcategory. 
The

[[Page 71019]]

``Development Document for Effluent Limitations Guidelines and 
Standards for the Centralized Waste Treatment Industry--Final'' 
describes the methodology EPA used to select regulated pollutants for 
this subcategory (DCN 41.2, Chapter 7). Among the criteria EPA had 
considered in selecting regulated pollutants was whether a pollutant 
was present in the influent wastewater at a treatable level and whether 
a pollutant was effectively removed by the model technology. Thus, 
selection of the influent sampling point can greatly influence whether 
a pollutant is regulated.
    For today's action, EPA reviewed all of the information in the 
rulemaking record concerning the model sampled facility. EPA has 
realized that this facility used a more sophisticated treatment system 
than the model technology. Therefore, for the December 2000 final rule, 
EPA had relied on influent data that reflected additional treatment 
steps not included in the model technology.
    EPA also reviewed its record to consider the comment that it should 
not include influent data from the last day of sampling at the model 
facility. EPA agrees with the comment because EPA does not have 
effluent data that corresponds to the last day of influent sampling at 
the model facility. Consequently, EPA cannot determine to what extent 
these influent pollutant concentrations were treated by the model 
technology on this day. As a result, it is appropriate to exclude the 
influent data from the last day of sampling in the analysis of 
treatment efficiency.
    After revising the influent sampling point and deleting influent 
data from the last day of sampling, EPA found that the model technology 
did not effectively treat molybdenum. As a result, we are deleting 
molybdenum limitations and standards from the organics subcategory.
    EPA also applied its pollutant selection methodology with the 
revised data sets to all pollutants regulated in the Organics 
subcategory. As a result of those analyses, we are also amending the 
limitations and standards for the Organics subcategory to delete 
antimony, aniline, and 2,3-dichloroaniline as regulated parameters. 
[DCN Section 48]
    Although EPA is deleting the limits for molybdenum, antimony, 
aniline, and 2,3-dichloroaniline, compliance with other organics 
limitations and standards may still lead to incidental removals of 
these pollutants. Assuming no incidental removals, the organics 
subcategory pollutant reduction estimates for this regulation remain 
relatively unchanged from the December 2000 estimates. Specifically, 
the estimated organics subcategory pollutant reductions would decrease 
by 282 lbs/yr or 0.05 percent of the total estimated reduction of 
611,283 lbs/yr if no molybdenum, antimony, aniline, and 2,3-
dichloroaniline removals were included. Expressed as toxic pound-
equivalents, the decrease is about 0.23 percent or 46 lb-eq/yr out of 
the total estimated subcategory reduction of 19,976 lb-eq/yr (DCN 
48.1).
    Finally, this analysis does not affect the actual numerical 
limitations and standards for the remaining regulated pollutants in the 
organics subcategory--it affects only the selection of regulated 
pollutants. EPA based the numerical limitations and standards only on 
effluent data. EPA has concluded that, because it properly selected the 
effluent sampling point at the model facility, the numerical 
limitations and standards for the remaining regulated pollutants do not 
change.

VII. Amendment To Revise the Related Multiple Wastestreams Subcategory 
Segments

    In the December 2000 final rule, EPA established limitations and 
standards for facilities that treat a combination of metal-bearing, 
oily or organic waste, wastewater or used material. Use of these 
Multiple Wastestreams subcategory limitations and standards simplifies 
implementation of the rule and compliance monitoring for CWT facilities 
that treat wastes subject to more than one of the other subcategories. 
These facilities may elect to comply with the provisions of the 
Multiple Wastestreams subcategory rather than the applicable individual 
provisions of the metals, oils, and organics treatment and recovery 
subcategories in the circumstances described in 40 CFR 437.40.
    EPA developed four sets of limitations for each of the possible 
combinations of the three subcategories of wastestreams. These are 
mixtures of:
    [sbull] Metal-bearing, oils, and organics waste receipts,
    [sbull] Metal-bearing and oils waste receipts,
    [sbull] Metal-bearing and organics waste receipts, and
    [sbull] Oils and organics waste receipts.

To derive these limitations and standards, EPA combined pollutant 
limitations and standards from each possible combination of 
subcategories, selecting the most stringent pollutant values where they 
overlap. (For each pollutant, EPA selected the most stringent maximum 
monthly average limitations and its corresponding maximum daily 
limitation.) For example, in the December 2000 rule, antimony is 
regulated under (i.e., overlaps) Subparts A, B, and C. Therefore, the 
antimony Subpart D limitations for mixtures of Subparts A, B, and C 
wastestreams are based on Subpart B, the most stringent antimony 
limitations.
    Today's action modifies the Multiple Wastestreams subcategory 
limitations and standards to reflect the removal of selenium from the 
Metals subcategory limitations and standards; the removal of barium, 
molybdenum, antimony, and titanium from the Oils Treatment and Recovery 
subcategory; and the removal of molybdenum, antimony, aniline, and 2,3-
dichloroaniline from the Organics Treatment and Recovery subcategory.

A. Selenium

    EPA is amending 40 CFR part 437 by deleting the respective BPT, 
BAT, PSES, and PSNS limitations and standards for selenium from 
Sec. Sec.  437.42(b), (c), and (d); 437.44(b), (c), and (d); 437.46(b), 
(c), and (d); and 437.47(b), (c), and (d). Because selenium was 
regulated in the Metals Treatment and Recovery subcategory but not in 
the Oils or Organics Treatment and Recovery Subcategories, there are no 
overlapping limitations for this pollutant. Therefore, the result of 
deleting selenium from the BPT, BAT, PSES, and PSNS segments of the 
metals subcategory (see Section IV) is that selenium limitations and 
standards remain only for the New Source Performance Standards (NSPS) 
segment of the Multiple Wastestreams subcategory. The selenium NSPS 
standards are based on a different model treatment system involving the 
use of selective metals precipitation.

B. Barium

    EPA is amending 40 CFR part 437 by deleting the respective BPT, 
BAT, NSPS, PSES, and PSNS limitations and standards for barium in the 
Oils Treatment and Recovery subcategory from Sec. Sec.  437.42(b), (c), 
and (e); 437.44(b), (c), and (e); 437.45(b), (c), and (e); 437.46(b), 
(c), and (e); and 437.47(b), (c), and (e). Because barium was only 
regulated in the Oils Treatment and Recovery subcategory but not in the 
Metals or Organics Treatment and Recovery Subcategories, there are no 
overlapping limitations for this pollutant. Therefore, the result of 
deleting barium from the oils subcategory (see Section V) is that there 
are no barium limitations and standards for any segment of the Multiple 
Wastestreams subcategory.

[[Page 71020]]

C. Molybdenum

    EPA is amending 40 CFR part 437 by deleting the respective BPT, 
BAT, NSPS, PSES, and PSNS limitations and standards for molybdenum from 
Sec. Sec.  437.42(b), (c), (d), and (e); 437.44(b), (c), (d), and (e); 
437.45(b), (c), (d), and (e); 437.46(b), (c), (d), and (e); and 
437.47(b), (c), (d), and (e). EPA originally promulgated molybdenum 
limitations for the Oils Treatment and Recovery subcategory and the 
Organics Treatment and Recovery subcategory but not in the Metals 
Treatment and Recovery subcategory. Therefore, the result of deleting 
molybdenum from the Oils Treatment and Recovery subcategory and the 
Organics Treatment and Recovery subcategory (see Section V) is that 
there are no molybdenum limitations and standards for any segment of 
the Multiple Wastestreams subcategory.

D. Antimony

    EPA is amending 40 CFR part 437 by deleting the respective BPT, 
BAT, NSPS, PSES and PSNS standards for antimony from Sec. Sec.  
437.42(e), 437.44(e), 437.45(e), 437.46(e) and 437.47(e), and by 
revising the respective BPT, PSES, and PSNS limitations and standards 
for antimony in Sec. Sec.  437.42(b) and (c), 437.46(b) and (c), and 
437.47(b) and (c).
    Because antimony was originally regulated for indirect discharges 
only in the Metals and Oils Treatment and Recovery Subcategories but 
not in the Organics Treatment and Recovery subcategory and EPA is 
deleting antimony from the Oils Treatment and Recovery subcategory, 
there are PSES and PSNS standards for this pollutant only in the Metals 
subcategory. The antimony standards in the related indirect discharge 
segments of the Multiple Wastestreams subcategory are, therefore, based 
on the Metals subcategory limitations.
    In the December 2000 rule, EPA regulated antimony for direct 
discharges in the Metals, Oils, and Organics Treatment and Recovery 
Subcategories. As the result of today's action, there are BPT, BAT, and 
NSPS limitations and standards for this pollutant only in the Metals 
subcategory. Therefore, the BPT, BAT, and NSPS antimony limitations and 
standards in the related direct discharge segments of the Multiple 
Wastestreams subcategory are based on the Metals subcategory 
limitations.

E. Titanium

    EPA is amending 40 CFR part 437 by deleting the respective BPT, 
BAT, and NSPS limitations and standards for titanium in Sec. Sec.  
437.42(e), 437.44(e), and 437.45(e), and by revising the respective BPT 
limitations for titanium in paragraphs Sec. Sec.  437.42(b) and (c). 
Because EPA has deleted titanium from the pollutants regulated for 
direct discharges in the Oils Treatment and Recovery subcategories, the 
only remaining subcategory for which it is a regulated parameter is the 
Metals subcategory. Therefore the BPT, BAT, and NSPS titanium 
limitations and standards in the related direct discharge segments of 
the Multiple Wastestreams subcategory are now based on the titanium 
limitations and standards in the Metals subcategory.

F. Aniline

    EPA is amending 40 CFR part 437 by deleting the respective BPT, 
BAT, and NSPS limitations and standards for aniline in the Organics 
Treatment and Recovery subcategory from Sec. Sec.  437.42(b), (d), and 
(e); 437.44(b), (d), and (e); and 437.45(b), (d), and (e). Because 
aniline was only regulated for direct dischargers in the Organics 
Treatment and Recovery subcategory but not in the Metals or Oils 
Treatment and Recovery Subcategories, there are no overlapping 
limitations for this pollutant. Therefore, the result of deleting 
aniline from the organics subcategory (see Section VI) is that there 
are no aniline limitations and standards for any segment of the 
Multiple Wastestreams subcategory.

G. 2,3-Dichloroaniline

    EPA is amending 40 CFR part 437 by deleting the respective BPT, 
BAT, NSPS, PSES, and PSNS limitations and standards for 2,3-
dichloroaniline in the Organics Treatment and Recovery subcategory from 
Sec. Sec.  437.42(b), (d), and (e); 437.44(b) and (e); 437.45(b), (d), 
and (e); 437.46(b), (d), and (e); and 437.47(b), (d), and (e). Because 
2,3-dichloroaniline was only regulated in the Organics Treatment and 
Recovery subcategory but not in the Metals or Oils Treatment and 
Recovery Subcategories, there are no overlapping limitations for this 
pollutant. Therefore, the result of deleting 2,3-dichloroaniline from 
the organics subcategory (see Section VI) is that there are no 2,3-
dichloroaniline limitations and standards for any segment of the 
Multiple Wastestreams subcategory.

VIII. Summary of Today's Amendments

    The Agency is deleting certain limitations and standards for 
selenium from the metals subcategory; for antimony, barium, molybdenum, 
and titanium from the oils subcategory; and for antimony, molybdenum, 
aniline, and 2,3-dichloroaniline from the organics subcategory. Today's 
rule also reflects these changes in the multiple wastestreams 
subcategory. The model technologies that provide the basis for the 
metals and oils subcategory limitations and standards do not 
consistently and predictably remove these pollutants to the specified 
levels. Furthermore, based on the revised analyses in the organics 
subcategory, four pollutant parameters do not meet the criteria for 
regulation (whether pollutants are present in influent wastewater at 
treatable levels and whether pollutants are effectively removed by the 
model technology). Nevertheless, using treatment systems required for 
compliance with other pollutant limits will ensure some continued 
removal of these seven pollutants, even if not at consistent and 
predictable rates.
    Even if there were no incidental removals for these pollutants, the 
estimated pollutant reduction for this regulation remains relatively 
unchanged from the December 2000 estimated pollutant reductions. At 
most, the pollutant reductions would decrease by 10,629 lbs/yr, or 0.23 
percent of the total estimated reduction of 4,642,635 lbs/yr. Expressed 
as toxic pound-equivalents, the decrease assuming no removals for these 
pollutants is 0.41 percent or 2,006 lb-eq/yr out of the total estimated 
reduction of 487,872 lb-eq/yr (DCN 48.1).
    Even though EPA believes that possible increases in pollutant 
discharges will not result in significant environmental effects, we 
will continue to monitor the discharges from this industry as part of 
the biennial Effluent Guidelines Program Plans required under Section 
304(m) of the Clean Water Act.

IX. Corrections and Edits to 40 CFR Part 437

    EPA is correcting a technical error contained in the December 22, 
2000 final rule. The Federal Register publication of the final rule (65 
FR 81241) contained an error in Sec.  437.42(d) for the maximum monthly 
average BOD5 limitation for direct discharging facilities 
subject to the Multiple Wastestreams subcategory for combined metals 
and organics waste receipts. The BOD5 maximum monthly 
average limitation is revised from 3.0 mg/l to 53.0 mg/l. This reflects 
the limitation in the final rule signed by the Administrator on August 
28, 2000. The correct 53.0 mg/l BOD5 limitation for this 
segment may also be found in the ``Development Document for Effluent 
Limitations Guidelines and Standards for the Centralized Waste 
Treatment Industry--Final,'' (EPA 821-R-00-020,

[[Page 71021]]

DCN 41.2) as well as in the supporting information and analyses in the 
record.
    In addition, the ``Authority'' citation is revised to conform with 
current guidance from the Federal Register Office.

X. Good Cause for Making Today's Amendments Effective on December 22, 
2003

    Section 553(d) of the Administrative Procedure Act generally 
provides that a final rule may not be effective sooner than 30 days 
after it is published. Section 553(d)(3), however, provides that an 
agency may make a final rule effective in less than 30 days after 
publication for ``good cause found and published with the rule.'' The 
purpose of this provision is to provide affected parties a reasonable 
time to prepare for the effective date of the rule or take such other 
action as needed. The legislative history of this provision indicates 
that it was not intended to unduly hamper agencies from making a rule 
effective immediately or at some time earlier than 30 days. The 
exercise of the ``good cause'' exception, however, requires legitimate 
grounds supported in law and fact. Legitimate grounds would include an 
``urgency of conditions coupled with demonstrated and unavoidable 
limitations of time.'' The primary consideration is the convenience or 
necessity of the people affected. See Northern Arapahoe Tribe v. Hodel, 
808F.2d 741, 752 (10th Cir. 1987) citing, United States v. Gavrilovic, 
551 F.2d 1099, 1104 (8th Cir. 1977). EPA has determined that there is 
good cause for making today's amendments effective on December 22, 2003 
for two reasons.
    First, the changes would relieve direct and indirect dischargers 
from the legal obligation to comply with effluent limitations and 
pretreatment standards for certain pollutants that the Agency either 
erroneously determined should be regulated or incorrectly assessed the 
capability of the model technology to achieve the required removals. In 
these circumstances, immediate relief from the former limitations and 
standards is warranted.
    Second, existing indirect dischargers are required to comply with 
the promulgated pretreatment standards by December 22, 2003. Delaying 
the effective date for 30 days could result in the contemplated changes 
not being effective before the required compliance date, possibly 
exposing some indirect dischargers to enforcement action for violation 
of standards that will be superseded. These circumstances constitute 
the requisite urgency of condition coupled with limitations of time to 
warrant good cause for making today's rule effective on December 22, 
2003.

XI. 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 deletes the limitations for seven pollutants from certain 
provisions of the current rule and corrects a limitation for another 
pollutant that was incorrectly transcribed from the version signed by 
the EPA Administrator. Consequently, today's rule does not establish 
any new information collection burden on the regulated community.
    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 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 in 40 CFR are listed in 40 CFR part 9.

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 impacts of today's rule on small 
entities, 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. The rule 
removes or revises the limitations and standards for seven pollutants 
from certain provisions of the current rule and corrects an error in 
another provision. These changes reduce the economic impacts of the 
regulation on those entities, including small entities, subject to the 
limitations and pretreatment standards. The estimated reduction in the 
analytical laboratory costs of compliance is about $500,000 (DCN 47.6). 
The change to the BOD5 limitation will result in no change 
in economic burden because this modification merely corrects the 
limitation to reflect the BOD5 limitation

[[Page 71022]]

in the December 2000 version of the regulation.

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 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 deletes or revises the limitations and 
standards for seven pollutants from certain provisions of the CWT 
guideline and corrects an inadvertent error in another limitation in 
the codified version of the current rule. The effect of these changes 
is to reduce the cost of the CWT regulations promulgated in December 
2000. Thus, today's rule is not subject to the requirements of sections 
202 and 205 of the UMRA.
    For the same reason, EPA has determined that this rule contains no 
regulatory requirements that might significantly or uniquely affect 
small governments. The rule would 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 the 
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 would amend 
effluent limitations and pretreatment standards which impose 
requirements that apply to facilities when they discharge wastewater or 
introduce wastewater to a POTW. It deletes or revises the limitations 
and standards for seven pollutants from certain provisions of the CWT 
guideline and corrects an inadvertent error in another limitation in 
the codified version of the current rule. EPA has determined that there 
are no CWT 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 and approved 
pretreatment programs. Thus, Executive Order 13132 does not apply to 
this rule. In the spirit of Executive Order 13132, and consistent with 
EPA policy to promote communications between EPA and State and local 
governments, EPA specifically solicited comment on the proposed rule 
from State and local officials. EPA received no comments from State and 
local officials.

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'' are defined in the Executive Order to include 
regulations that have ``substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal government and 
the 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 the Federal government and Indian tribes or on the distribution 
of power and responsibilities between the Federal government and Indian 
tribes, as specified in Executive Order 13175. The rule deletes or 
revises the limitations and standards for seven pollutants from certain 
provisions of the current rule and corrects an inadvertent printing 
error in another section. EPA has not identified any CWT facilities 
covered by today's final rule that are owned and/or operated by Indian 
tribal governments. Thus, Executive Order 13175 does not apply to this 
rule. In the spirit of Executive Order 13175, and consistent with EPA 
policy to promote communications between EPA and tribal governments, 
EPA specifically solicited comment on the proposed rule from tribal 
officials. EPA received no comments from tribal officials.

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

[[Page 71023]]

and reasonably feasible alternatives considered by the Agency.
    This final rule is not subject to Executive Order 13045 because it 
is not economically significant as defined under Executive Order 12866. 
Further, this regulation 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 regulation 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

    As noted in the proposed rule, 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 new 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 publication of the rule in the 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 on December 22, 2003 for the 
reasons explained in Section X.

List of Subjects in 40 CFR Part 437

    Environmental protection, Waste treatment and disposal, Water 
pollution control.

    Dated: December 16, 2003.
Michael O. Leavitt,
Administrator.

0
For reasons set out in the preamble, 40 CFR chapter I is amended as 
follows:

PART 437--THE CENTRALIZED WASTE TREATMENT POINT SOURCE CATEGORY

0
1. The authority citation for part 437 is revised to read as follows:

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


Sec.  437.11  [Amended]

0
2. Section 437.11(a) is amended by removing the entry for ``Selenium'' 
in the BPT Limitations table, under the heading ``Metal Parameters''.


Sec.  437.13  [Amended]

0
3. Section 437.13(a) is amended by removing ``selenium,''.


Sec.  437.15  [Amended]

0
4. Section 437.15(a) is amended by removing ``selenium,''.


Sec.  437.16  [Amended]

0
5. Section 437.16(a) is amended by removing ``selenium,''.


Sec.  437.21  [Amended]

0
6. Section 437.21 is amended by removing the following entries in the 
BPT Limitations table, under the heading ``Metal Parameters'':
    a. Antimony.
    b. Barium.
    c. Molybdenum.
    d. Titanium.


Sec.  437.23  [Amended]

0
7. Section 437.23 is amended by removing the following words:
    a. ``antimony,''.
    b. ``barium,''.
    c. ``molybdenum,''.
    d. ``titanium,''.


Sec.  437.24  [Amended]

0
8. Section 437.24 is amended by removing the following words:
    a. ``antimony,''.
    b. ``barium,''.
    c. ``molybdenum,''.
    d. ``titanium,''.


Sec.  437.25  [Amended]

0
9. Section 437.25 is amended by removing the following entries in the 
Pretreatment Standards (PSES) table, under the heading ``Metal 
Parameters'':
    a. Antimony.
    b. Barium.
    c. Molybdenum.


Sec.  437.26  [Amended]

0
10. Section 437.26 is amended by removing the following words:
    a. ``antimony,''.
    b. ``barium,''.
    c. ``molybdenum,''.


Sec.  437.31  [Amended]

0
11. Section 437.31 is amended as follows:
0
a. In the BPT Limitations table by removing the following entries under 
the heading ``Metal Parameters'':
    i. Antimony.
    ii. Molybdenum.
    b. In the BPT Limitations table by removing the following entries 
under the heading ``Organic Parameters'':
    i. Aniline.
    ii. 2,3-Dichloroaniline.


Sec.  437.33  [Amended]

0
12. Section 437.33 is amended by removing the following words:
    a. ``antimony,''.
    b. ``molybdenum,''.
    c. ``aniline,''.
    d. ``2,3,-dichloroaniline,''.


Sec.  437.34  [Amended]

0
13. Section 437.34 is amended by removing the following words:
    a. ``antimony,''.
    b. ``molybdenum,''.
    c. ``aniline,''.
    d. ``2,3,-dichloroaniline,''.


Sec.  437.35  [Amended]

0
14. Section 437.35 is amended by removing the following words:
    a. ``molybdenum,''.
    b. ``2,3,-dichloroaniline,''.


Sec.  437.36  [Amended]

0
15. Section 437.36 is amended by removing the following words:
    a. ``molybdenum,''.
    b. ``2,3,-dichloroaniline,''.


Sec.  437.42  [Amended]

0
16. Sections 437.42 is amended as follows:
0
a. In paragraph (b)(1) by removing the following entries in the BPT 
Limitations table, under the heading ``Metal Parameters'':
    i. Barium.
    ii. Molybdenum.
    iii. Selenium.

[[Page 71024]]

0
b. In paragraph (b)(1) by removing the following entries in the BPT 
Limitations table, under the heading ``Organic Parameters'':
    i. Aniline.
    ii. 2,3-Dichloroaniline.
0
c. In paragraph (b)(1) by revising the entry for ``Antimony'' in the 
BPT Limitations table under the heading ``Metal Parameters'' to read as 
follows:


Sec.  437.42  Effluent limitations attainable by the application of the 
best practicable control technology currently available (BPT).

* * * * *
    (b) * * *
    (1) * * *

                             BPT Limitations
------------------------------------------------------------------------
                                                                Maximum
                Regulated parameter                  Maximum    monthly
                                                    daily \1\   avg.\1\
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
                            Metal Parameters
------------------------------------------------------------------------
Antimony..........................................      0.249      0.206
 
                                * * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).

* * * * *
0
d. In paragraph (b)(1) by revising the entry for ``Titanium'' in the 
BPT Limitations table under the heading ``Metal Parameters'' to read as 
follows:


Sec.  437.42  Effluent limitations attainable by the application of the 
best practicable control technology currently available (BPT).

* * * * *
    (b) * * *
    (1) * * *

                             BPT Limitations
------------------------------------------------------------------------
                                                                Maximum
                Regulated parameter                  Maximum    monthly
                                                    daily \1\   avg.\1\
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
                            Metal Parameters
------------------------------------------------------------------------
 
                                * * * * *
Titanium..........................................     0.0947     0.0618
 
                                * * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).

* * * * *
0
e. In paragraph (c)(1) by removing the following entries in the BPT 
Limitations table, under the heading ``Metal Parameters'':
    i. Barium.
    ii. Molybdenum.
    iii. Selenium.
0
f. In paragraph (c)(1) by revising the entry for ``Antimony'' in the 
BPT Limitations table under the heading ``Metal Parameters'' to read as 
follows:


Sec.  437.42  Effluent limitations attainable by the application of the 
best practicable control technology currently available (BPT).

* * * * *
    (c) * * *
    (1) * * *

                             BPT Limitations
------------------------------------------------------------------------
                                                                Maximum
                Regulated parameter                  Maximum    monthly
                                                    daily \1\   avg.\1\
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
                            Metal Parameters
------------------------------------------------------------------------
Antimony..........................................      0.249      0.206
 
                                * * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).

* * * * *
0
g. In paragraph (c)(1) by revising the entry for ``Titanium'' in the 
BPT Limitations table under the heading ``Metal Parameters'' to read as 
follows:


Sec.  437.42  Effluent limitations attainable by the application of the 
best practicable control technology currently available (BPT).

* * * * *
    (c) * * *
    (1) * * *

                             BPT Limitations
------------------------------------------------------------------------
                                                                Maximum
                Regulated parameter                  Maximum    monthly
                                                    daily \1\   avg.\1\
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
                            Metal Parameters
------------------------------------------------------------------------
 
                                * * * * *
Titanium..........................................     0.0947     0.0618
 
                                * * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).

* * * * *
0
h. Paragraph (d)(1) is amended by:
0
i. Revising the entry for ``BOD5'' in the BPT Limitations 
table under the heading ``Conventional Parameters'' as follows:


Sec.  437.42  Effluent limitations attainable by the application of the 
best practicable control technology currently available (BPT).

* * * * *
    (d) * * *
    (1) * * *

                             BPT Limitations
------------------------------------------------------------------------
                                                                Maximum
                Regulated parameter                  Maximum    monthly
                                                    daily \1\   avg. \1\
------------------------------------------------------------------------
                         Conventional Parameters
------------------------------------------------------------------------
BOD5..............................................        163       53.0
 
                                * * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).

* * * * *
0
ii. Removing the following entries in the BPT Limitations table under 
the heading ``Metal Parameters'':
    A. Molybdenum.
    B. Selenium.
0
iii. Removing the following entries in the BPT Limitations table under 
the heading ``Organic Parameters'':
    A. Aniline.
    B. 2,3-Dichloroaniline.
0
i. Paragraph (e) is amended by removing the following entries in the 
BPT Limitations table under the heading ``Metal Parameters'':
    i. Antimony.
    ii. Barium.
    iii. Molybdenum.
    iv. Titanium.
0
j. Paragraph (e) is amended by removing the following entries in the 
BPT Limitations table, under the heading ``Organic Parameters'':
    i. Aniline.
    ii. 2,3-Dichloroaniline.


Sec.  437.44  [Amended]

0
17. Sections 437.44 is amended as follows:
0
a. In paragraph (b)(1) by removing the following entries in the table, 
under the heading ``Metal Parameters'':
    i. Barium.
    ii. Molybdenum.
    iii. Selenium.
0
b. In paragraph (b)(1) by removing the following entries in the table, 
under the heading ``Organic Parameters'':
    i. Aniline.
    ii. 2,3-Dichloroaniline.
0
c. In paragraph (c)(1) by removing the following entries in the table, 
under the heading ``Metal Parameters'':
    i. Barium.
    ii. Molybdenum.
    iii. Selenium.
0
d. In paragraph (d)(1) by removing the following entries in the BAT 
Limitations table under the heading ``Metal Parameters'':
    i. Molybdenum.
    ii. Selenium.
0
e. In paragraph (d)(1) by removing the entry for ``Aniline'' in the BAT

[[Page 71025]]

Limitations table under the heading ``Organic Parameters'':
0
f. In paragraph (e) by removing the following entries in the BAT 
Limitations table under the heading ``Metal Parameters'':
    i. Antimony.
    ii. Barium.
    iii. Molybdenum.
    iv. Titanium.
0
g. In paragraph (e) by removing the following entries in the BAT 
Limitations table under the heading ``Organic Parameters'':
    i. Aniline.
    ii. 2,3-Dichloroaniline.


Sec.  437.45  [Amended]

0
18. Sections 437.45 is amended as follows:
0
a. In paragraph (b)(1) by removing the following entries in the 
Performance Standards table, under the heading ``Metal Parameters'':
    i. Barium.
    ii. Molybdenum.
0
b. In paragraph (b)(1) by removing the following entries in the 
Performance Standards table, under the heading ``Organic Parameters'':
    i. Aniline.
    ii. 2,3-Dichloroaniline.
0
c. In paragraph (c)(1) by removing the following entries in the 
Performance Standards table, under the heading ``Metal Parameters'':
    i. Barium.
    ii. Molybdenum.
0
d. In paragraph (d)(1) by removing the entry for ``Molybdenum'' in the 
Performance Standards table, under the heading ``Metal Parameters.''
0
e. In paragraph (d)(1) by removing the following entries in the 
Performance Standards table, under the heading ``Organic Parameters'':
    i. Aniline.
    ii. 2,3-Dichloroaniline.
0
f. In paragraph (e) by removing the following entries in the 
Performance Standards table under the heading ``Metal Parameters'':
    i. Antimony.
    ii. Barium.
    iii. Molybdenum.
    iv. Titanium.
0
g. In paragraph (e) by removing the following entries in the 
Performance Standards table, under the heading ``Organic Parameters'':
    i. Aniline.
    ii. 2,3-Dichloroaniline.


Sec.  437.46  [Amended]

0
19. Sections 437.46 is amended as follows:
0
a. In paragraph (b)(1) by removing the following entries in the 
Pretreatment Standards (PSES) table, under the heading ``Metal 
Parameters'':
    i. Barium.
    ii. Molybdenum.
    iii. Selenium.
0
b. In paragraph (b)(1) by revising the entry for ``Antimony'' in the 
Pretreatment Standards (PSES) table under the heading ``Metal 
Parameters'' to read as follows:


Sec.  437.46  Pretreatment Standards for Existing Sources (PSES).

* * * * *
    (b) * * *
    (1) * * *

                      Pretreatment Standards (PSES)
------------------------------------------------------------------------
                                                                Maximum
                Regulated parameter                  Maximum    monthly
                                                    daily \1\   avg.\1\
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
                            Metal Parameters
------------------------------------------------------------------------
Antimony..........................................      0.249      0.206
 
                               * * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm)

* * * * *
0
c. In paragraph (b)(1) by removing the entry for ``2,3-
Dichloroaniline'' in the Pretreatment Standards (PSES) table, under the 
heading ``Organic Parameters.''
0
d. In paragraph (c)(1) by removing the following entries in the 
Pretreatment Standards (PSES) table, under the heading ``Metal 
Parameters'':
    i. Barium.
    ii. Molybdenum.
    iii. Selenuim.
0
e. In paragraph (c)(1) by revising the entry for ``Antimony'' in the 
Pretreatment Standards (PSES) table under the heading ``Metal 
Parameters'' to read as follows:


Sec.  437.46  Pretreatment Standards for Existing Sources (PSES).

* * * * *
    (c) * * *
    (1) * * *

                      Pretreatment Standards (PSES)
------------------------------------------------------------------------
                                                                Maximum
                Regulated parameter                  Maximum    monthly
                                                    daily \1\   avg.\1\
------------------------------------------------------------------------
 
                                * * * * *
                            Metal Parameters
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
Antimony..........................................      0.249      0.206
 
                               * * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).

* * * * *
0
f. In paragraph (d)(1) by removing the following entries in the 
Pretreatment Standards (PSES) table under the heading ``Metal 
Parameters'':
    i. Molybdenum.
    ii. Selenium.
0
g. In paragraph (d)(1) by removing the entry for ``2,3-
Dichloroaniline'' in the Pretreatment Standards (PSES) table under the 
heading ``Organic Parameters.''
0
h. In paragraph (e) by removing the following entries in the 
Pretreatment Standards (PSES) table under the heading ``Metal 
Parameters'':
    i. Antimony.
    ii. Barium.
    iii. Molybdenum.
0
i. In paragraph (e) by removing the entry for ``2,3-Dichloroaniline'' 
in the Pretreatment Standards (PSES) table under the heading ``Organic 
Parameters.''


Sec.  437.47  [Amended]

0
20. Section 437.47 is amended as follows:
0
a. In paragraph (b)(1) by removing the following entries in the 
Pretreatment Standards (PSNS) table, under the heading ``Metal 
Parameters'':
    i. Barium.
    ii. Molybdenum.
    iii. Selenium.
0
b. In paragraph (b)(1) by revising the entry for ``Antimony'' in the 
Pretreatment Standards (PSNS) table under the heading ``Metal 
Parameters'' to read as follows:


Sec.  437.47  Pretreatment Standards for New Sources (PSNS).

* * * * *
    (b) * * *
    (1) * * *

                      Pretreatment Standards (PSNS)
------------------------------------------------------------------------
                                                                Maximum
                Regulated parameter                  Maximum     monthy
                                                    daily \1\   avg.\1\
------------------------------------------------------------------------
 
                               * * * * *
                            Metal Parameters
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
Antimony..........................................      0.249      0.206
 
                                * * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).

* * * * *
0
c. In paragraph (b)(1) by removing the entry for ``2,3-
Dichloroaniline'' in the Pretreatment Standards (PSNS) table, under the 
heading ``Organic Parameters.''
0
d. In paragraph (c)(1) by removing the following entries in the 
Pretreatment Standards (PSNS) table, under the heading ``Metal 
Parameters'':

[[Page 71026]]

    i. Barium.
    ii. Molybdenum.
    iii. Selenium.
0
e. In paragraph (c)(1) by revising the entry for ``Antimony'' in the 
Pretreatment Standards (PSNS) table under the heading ``Metal 
Parameters'' to read as follows:


Sec.  437.47  Pretreatment Standards for New Sources (PSNS).

* * * * *
    (c) * * *
    (1) * * *

                      Pretreatment Standards (PSNS)
------------------------------------------------------------------------
                                                                Maximum
                Regulated parameter                  Maximum     monthy
                                                    daily \1\   avg.\1\
------------------------------------------------------------------------
 
                               * * * * *
                            Metal Parameters
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
Antimony..........................................      0.249      0.206
 
                               * * * * *
------------------------------------------------------------------------
\1\ mg/L (ppm).

* * * * *
0
f. In paragraph (d)(1) by removing the following entries in the 
Pretreatment Standards (PSNS) table under the heading ``Metal 
Parameters'':
    i. Molybdenum.
    ii. Selenium.
0
g. In paragraph (d)(1) by removing the entry for ``2,3-
Dichloroaniline'' in the Pretreatment Standards (PSNS) table under the 
heading ``Organic Parameters.''
0
h. In paragraph (e) by removing the following entries in the 
Pretreatment Standards (PSNS) table under the heading ``Metal 
Parameters'':
    i. Antimony.
    ii. Barium.
    iii. Molybdenum.
0
i. In paragraph (e) by removing the entry for ``2,3-Dichloroaniline'' 
in the Pretreatment Standards (PSNS) table under the heading ``Organic 
Parameters.''
[FR Doc. 03-31346 Filed 12-19-03; 8:45 am]
BILLING CODE 6560-50-P