[Federal Register: January 3, 2001 (Volume 66, Number 2)]
[Proposed Rules]               
[Page 473-522]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja01-30]                         
 
[[pp. 473-522]] Effluent Limitations Guidelines, Pretreatment Standards, and New 
Source Performance Standards for the Metal Products and Machinery Point 
Source Category; Proposed Rule

[[Continued from page 472]]

[[Page 473]]

limitation for total sulfide based on potential POTW interference or 
upset associated with discharges of total sulfide from facilities in 
this subcategory. EPA is proposing limitations for TOC and TOP as part 
of a compliance alternative for organic pollutant discharges. (See 
Section XXI.C for a discussion of monitoring flexibility.) The Agency 
based these proposed limitations on the same four EPA sampling episodes 
that EPA discussed in Section XIII.A.3.
4. PSNS Analysis
    Like NSPS, the Agency determined that the cost of compliance with 
PSNS based on Option 4 would make up 4.64 percent of a new facility's 
projected revenues and expects that this would not create a barrier to 
entry. EPA notes that this is a higher percentage than for other 
subcategories and solicits comment on whether EPA should consider 
Option 2 for these facilities.

E. NSPS for the Non-Chromium Anodizing Subcategory

1. Need for NSPS
    EPA expects that new facilities in the Non-Chromium Anodizing 
subcategory will discharge similar quantities of the same pollutants 
that existing sources discharge. EPA notes that it did not identify any 
existing direct dischargers in this subcategory and that estimates of 
costs and pollutant loadings were transferred from the best performing 
indirect dischargers in this subcategory (see Section IX.C). Therefore, 
the need for NSPS regulation is the same as the need for BPT 
regulation. (See Section IX.C.1).
2. Selected NSPS Option
    EPA is proposing New Source Performance Standards for this 
subcategory based on BAT Option 2. As discussed in the BPT analysis for 
this subcategory, non-chromium anodizers discharge large quantities of 
aluminum but have very low levels of other metals in their wastewater. 
EPA determined that Option 2 is capable of removing most of the 
aluminum discharged by facilities in this subcategory and that any 
additional removals achieved by Option 4 are not justified by the 
additional cost.
    The Agency also evaluated not proposing NSPS for facilities in this 
subcategory and instead continuing to require compliance with NSPS 
limitations established under 40 CFR part 433. However, the Agency has 
tentatively rejected this option because these new proposed NSPS 
limitations require an increased removal of TSS and the Agency feels 
that the pollutants proposed for regulation here are more appropriate 
for the non-chromium anodizing industry. The NSPS limitations 
established in 40 CFR part 433 require facilities to meet an average 
monthly discharge of 31 mg/L of TSS and allow for a maximum daily 
discharge of 60 mg/L. These proposed MP&M limitations require non-
chromium anodizers to meet an average monthly discharge for TSS of 22 
mg/L and allow for a monthly maximum discharge of 52 mg/L. EPA believes 
that the costs associated with NSPS are justified by the additional 
removal of TSS from this subcategory. In addition, 40 CFR part 433 
requires non-chromium anodizers to meet effluent limitations for 7 
metal pollutants. EPA's data show that these seven metals are present 
only in very small quantities at non-chromium anodizing facilities. In 
40 CFR part 433, EPA did not establish a limit for aluminum, the metal 
found in the largest quantity in non-chromium anodizers' wastewater. 
The Agency has determined that direct discharging facilities in the 
Non-Chromium Anodizing subcategory should have a limit for aluminum and 
thus is proposing to cover them here. The Agency notes that this will 
reduce the number of pollutants that non-chromium anodizers would have 
to monitor for.
3. Calculation of NSPS Limitations
    The Agency is proposing NSPS limitations for all of the pollutants 
that it proposed BPT and BAT limitations for in this subcategory. The 
NSPS limitations for this subcategory can be found in the proposed rule 
(which accompanies this preamble) at Sec. 438.36. (See Section XXI.C 
for a discussion of monitoring flexibility.)
4. NSPS Analysis
    A barrier to entry analysis is typically performed for new 
facilities by using existing facilities as a model. However, there are 
no existing direct dischargers in this subcategory. Therefore, the 
Agency could not perform an economic analysis in order to determine if 
Option 2 presented a barrier to entry for new facilities in the Non-
Chromium Anodizing subcategory.

F. PSNS for the Non-Chromium Anodizing Subcategory

1. Need for PSNS
    EPA expects that new facilities in the Non-Chromium Anodizing 
subcategory will discharge similar quantities of the same pollutants 
that existing sources discharge and therefore EPA is not proposing 
pretreatment standards for new sources for this subcategory for the 
same reasons it is not proposing PSES for this subcategory. See Section 
XII.F and VI.C.3.

G. NSPS for the Printed Wiring Board Subcategory

1. Need for NSPS
    EPA expects that new facilities in the Printed Wiring Board 
subcategory will discharge similar quantities of the same pollutants 
that existing sources discharge. Therefore, the need for NSPS 
regulation is the same as the need for BPT regulation. (See Section 
IX.D.1).
2. Selected NSPS Option
    EPA is proposing New Source Performance Standards for this 
subcategory based on BAT Option 4. The Agency determined that Option 4 
is the best available demonstrated technology for the removal of 
pollutants in this subcategory. EPA's analytical data shows that Option 
4 is capable of achieving much lower long term averages than Option 2 
for several of the metal pollutants of concern. In addition, EPA's data 
shows that microfiltration greatly reduces the variability in the 
concentration of the metal pollutants in the treatment effluent. 
Although Option 4 costs $162,000 more than Option 2 annually for a new 
facility with a wastewater flow of 25.5 MGY (the wastewater flow for a 
representative direct discharging facility in the Printed Wiring Board 
subcategory), EPA is proposing Option 4 because of the lower levels of 
metal pollutants in the wastewater effluent. EPA is not proposing 
Option 4 for BPT/BAT because of the lack of significant overall 
additional removals and the fact that it removes less COD, O&G, and 
organic pollutants, relative to Option 2. EPA also requests comment on 
basing NSPS on Option 2.
    The Agency also strongly considered proposing NSPS based on 
ultrafiltration for oil and grease removal and chemical precipitation 
followed by sedimentation for TSS and metals removal. This option is 
equivalent to BAT Option 2 with the oil/water separator replaced by an 
ultrafilter. The Agency is soliciting comment and data on this NSPS 
option for the final rule.
3. Calculation of NSPS Limitations
    The Agency is proposing NSPS limitations for all of the pollutants 
that it proposed BPT and BAT limitations for in this subcategory. The 
NSPS limitations for this subcategory can be found in the proposed rule 
(which accompanies this preamble) at Sec. 438.46.

[[Page 474]]

(See Section XXI.C for a discussion of monitoring flexibility.) EPA 
based these proposed regulations on the same four EPA sampling episodes 
that it used to calculate NSPS for the General Metals subcategory. (See 
Section XIII.A.3). As mentioned above, EPA collected analytical 
wastewater treatment data from a printed wiring board manufacturer that 
employed this technology.
4. NSPS Analysis
    The Agency also performed an economic analysis in order to 
determine if Option 4 presented a barrier to entry for new facilities 
in the Printed Wiring Board subcategory. EPA determined that the cost 
of compliance with NSPS based on Option 4 would make up only 0.02 
percent of a new facility's projected revenues. Therefore, EPA 
concluded that NSPS based on Option 4 would not create a barrier to 
entry.

H. PSNS for the Printed Wiring Board Subcategory

1. Need for PSNS
    EPA expects that new facilities in the Printed Wiring Board 
subcategory will discharge similar quantities of the same pollutants 
that existing sources discharge. Therefore, the need for PSNS 
regulation is the same as the need for PSES regulation. (See Section 
XII.G.1).
2. Selected PSNS Option
    EPA is proposing Pretreatment Standards for New Sources for this 
subcategory based on BAT Option 4 for the same reasons it is proposing 
this option for NSPS. It is also requesting comment on PSNS based on 
Option 2. As was the case for PSES, EPA is not proposing a flow cutoff 
exclusion for this subcategory for the same reasons discussed in 
Section XII.G.2, but is requesting comment on a flow cutoff of 1 MGY , 
as with PSES.
    The Agency also strongly considered proposing PSNS based on 
ultrafiltration for oil and grease removal and chemical precipitation 
followed by sedimentation for TSS and metals removal. This option is 
equivalent to BAT Option 2 with the oil/water separator replaced by an 
ultrafilter. The Agency is soliciting comment and data on this PSNS 
option for the final rule.
3. Calculation of PSNS Limitations
    The Agency is proposing PSNS limitations for the same pollutants 
that it proposed PSES regulations. The PSNS limitations for this 
subcategory can be found in the proposed rule (which accompanies this 
preamble) at Sec. 438.47. EPA determined that all of the pollutants 
listed in Sec. 438.47 (except for Total Sulfide, TOC, and TOP) pass 
through POTWs. EPA is proposing a limitation for total sulfide based on 
potential POTW interference or upset associated with discharges of 
total sulfide from facilities in this subcategory. EPA is proposing 
limitations for TOC and TOP as part of a compliance alternative for 
organic pollutant discharges. (See Section XXI.C for a discussion of 
monitoring flexibility.) EPA determined that all of these pollutants 
pass through POTWs. The Agency based these proposed limitations on the 
same four EPA sampling episodes that EPA discussed in Section XIII.A.3. 
As mentioned above, EPA collected analytical wastewater treatment data 
from a printed wiring board manufacturer that employed this technology.
4. PSNS Analysis
    Like NSPS, the Agency determined that the cost of compliance with 
PSNS based on Option 4 would make up only 0.20 percent of a new 
facility's projected revenues and concluded that this would not create 
a barrier to entry.

I. NSPS for the Steel Forming and Finishing Subcategory

1. Need for NSPS
    EPA expects that new facilities in the Steel Forming and Finishing 
subcategory will discharge similar quantities of the same pollutants 
that existing sources discharge. Therefore, the need for NSPS 
regulation is the same as the need for BPT regulation. (See Section 
IX.E.1).
2. Selected NSPS Option
    EPA is proposing New Source Performance Standards for this 
subcategory based on BAT Option 4. The Agency determined that Option 4 
is the best available demonstrated technology for the removal of 
pollutants in this subcategory. EPA's analytical data shows that Option 
4 is capable of achieving much lower long-term averages than Option 2 
for several of the metal pollutants of concern. In addition, EPA's data 
shows that microfiltration greatly reduces the variability in the 
concentration of the metal pollutants in the treatment effluent. 
Although Option 4 costs $42,400 more than Option 2 annually for a new 
facility with a wastewater flow of 18.4 MGY (the wastewater flow for a 
representative direct discharging facilities in the Steel Forming and 
Finishing subcategory), EPA determined that the additional cost of 
Option 4 are justified by the lower levels of metal pollutants in the 
wastewater effluent.
    The Agency also strongly considered proposing NSPS based on 
ultrafiltration for oil and grease removal and chemical precipitation 
followed by a clarifier for TSS and metals removal. This option is 
equivalent to BAT Option 2 with the oil/water separator replaced by an 
ultrafilter. The Agency is soliciting comment and data on this NSPS 
option for the final rule.
3. Calculation of NSPS Limitations
    The Agency is proposing NSPS limitations for all of the pollutants 
that it proposed BPT and BAT limitations for in this subcategory. The 
NSPS limitations for this subcategory can be found in the proposed rule 
(which accompanies this preamble) at Sec. 438.56. (See Section XXI.C 
for a discussion of monitoring flexibility.) The Agency based these 
proposed limitations on the same four EPA sampling episodes that EPA 
discussed in Section XIII.A.3.
4. NSPS Analysis
    The Agency also performed an economic analysis in order to 
determine if Option 4 presented a barrier to entry for new facilities 
in the Steel Forming and Finishing subcategory. EPA determined that the 
cost of compliance with NSPS based on Option 4 would make up only 0.14 
percent of a new facility's projected revenues. Therefore, EPA 
concluded that NSPS based on Option 4 would not create a barrier to 
entry.

J. PSNS for the Steel Forming and Finishing Subcategory

1. Need for PSNS
    EPA expects that new facilities in the Steel Forming and Finishing 
subcategory will discharge similar quantities of the same pollutants 
that existing sources discharge. Therefore, the need for PSNS 
regulation is the same as the need for PSES regulation. (See Section 
XII.H.1).
2. Selected PSNS Option
    EPA is proposing Pretreatment Standards for New Sources for this 
subcategory based on BAT Option 4 for the same reasons it is proposing 
this option for NSPS. In addition, EPA is not proposing a flow cutoff 
exclusion for PSNS for this subcategory for the same reasons that it 
did not propose a flow cutoff for PSES, but is requesting comment on 
flow cutoffs of 1, 2, and 3 MGY as with PSES. (See Section XII.H.)
    The Agency also strongly considered proposing PSNS based on 
ultrafiltration for oil and grease removal and chemical precipitation 
followed by sedimentation for TSS and metals removal. This option is 
equivalent to BAT Option 2 with the

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oil/water separator replaced by an ultrafilter. The Agency is 
soliciting comment and data on this PSNS option for the final rule.
3. Calculation of PSNS Limitations
    The Agency is proposing PSNS limitations for the same pollutants 
that it proposed PSES regulations. The PSNS limitations for this 
subcategory can be found in the proposed rule (which accompanies this 
preamble) at Sec. 438.57. EPA determined that all of the pollutants 
listed in Sec. 438.57 (except for Total Sulfide, TOC, and TOP) pass 
through POTWs. EPA is proposing a limitation for total sulfide based on 
potential POTW interference or upset associated with discharges of 
total sulfide from facilities in this subcategory. EPA is proposing 
limitations for TOC and TOP as part of a compliance alternative for 
organic pollutant discharges. (See Section XXI.C for a discussion of 
monitoring flexibility.) The Agency based these proposed limitations on 
the same four EPA sampling episodes that EPA discussed in Section 
XIII.A.3.
4. PSNS Analysis
    Like NSPS, the Agency determined that the cost of compliance with 
PSNS based on Option 4 would make up only 0.17 percent of a new 
facility's projected revenues and concluded that this would not create 
a barrier to entry.

K. NSPS for the Oily Wastes Subcategory

1. Need for NSPS
    EPA expects that new facilities in the Oily Wastes subcategory will 
discharge similar quantities of the same pollutants that existing 
sources discharge. Therefore, the need for NSPS regulation is the same 
as the need for BPT regulation. (See Section IX.F.1).
2. Selected NSPS Option
    EPA is proposing New Source Performance Standards for this 
subcategory based on BAT Option 6, oil-water separation by chemical 
emulsion breaking, gravity separation, and oil skimming. The Agency 
determined that Option 6 is the best available demonstrated technology 
for the removal of pollutants in this subcategory and is proposing this 
option for the same reasons it selected this option for BPT and BAT. 
(See Section IX.F.2).
3. Calculation of NSPS Limitations
    The Agency is proposing NSPS limitations equivalent to those 
proposed for BPT for this subcategory. The NSPS limitations for this 
subcategory can be found in the proposed rule (which accompanies this 
preamble) at Sec. 438.66. (See Section XXI.C for a discussion of 
monitoring flexibility.)
4. NSPS Analysis
    Since EPA is proposing to set NSPS equal to BAT (Option 6) and this 
option is determined to be economically-achievable for these facilities 
under BAT, EPA concluded that NSPS based on Option 6 would not create a 
barrier to entry.

L. PSNS for the Oily Wastes Subcategory

1. Need for PSNS
    EPA expects that new facilities in the Oily Wastes subcategory will 
discharge similar quantities of the same pollutants that existing 
sources discharge. Therefore, the need for PSNS regulation is the same 
as the need for PSES regulation. (See Section XII.I.1).
2. Selected PSNS Option
    EPA is proposing Pretreatment Standards for New Sources for this 
subcategory based on BAT Option 6 for the same reasons it is proposing 
this option for NSPS. In addition, EPA is proposing a 2 MGY flow cutoff 
exclusion for PSNS with serious consideration of a 3 MGY flow cutoff as 
well. This is the same flow cutoff level that EPA is proposing for PSES 
for the existing indirect discharging facilities in the Oily Wastes 
subcategory. The Agency is proposing a 2 MGY flow cutoff for new 
indirect discharging facilities in the Oily Wastes subcategory based on 
the potential POTW permitting burden that would be associated with 
developing and then maintaining permits for new sources with low flows 
and the likelihood that these facilities discharge a small amount of 
pound-equivalents at these low flow rates. The Agency assumes that the 
pound-equivalents per facility for new facilities with flows below or 
equal to 2 MGY would be even lower than the 2 pound-equivalents per 
facility for similarly sized existing sources in this subcategory. The 
Agency concluded that a similar (or even smaller) amount of pollutant 
removal is not justified by the cost of the regulation for new indirect 
Oily Waste facilities discharging less than or equal to 2 MGY.
3. Calculation of PSNS Limitations
    The Agency is proposing PSNS limitations equivalent to PSES for the 
same pollutants that it proposed PSES regulations. The PSNS limitations 
for this subcategory can be found in the proposed rule (which 
accompanies this preamble) at Sec. 438.67. (See Section XII.I.3. for 
PSES discussion and see Section XXI.C for a discussion of monitoring 
flexibility.)
4. PSNS Analysis
    Since EPA is proposing to set PSNS equal to PSES (Option 6) and 
this option is determined to be economically achievable for these 
facilities under PSES, the Agency concluded that this would not create 
a barrier to entry.

M. NSPS for the Railroad Line Maintenance Subcategory

1. Need for NSPS
    EPA expects that new facilities in the Railroad Line Maintenance 
subcategory will discharge similar quantities of the same pollutants 
that existing sources discharge. Therefore, the need for NSPS 
regulation is the same as the need for BPT regulation. (See Section 
IX.G.1.)
2. Selected NSPS Option
    EPA is proposing New Source Performance Standards for this 
subcategory based on BAT Option 10, dissolved air flotation plus in-
process flow control and pollution prevention. The Agency determined 
that Option 10 is the best available demonstrated technology for the 
removal of pollutants in this subcategory and is proposing this option 
for the same reasons it selected this option for BPT and BAT. (See 
Section IX.G.2).
3. Calculation of NSPS Limitations
    The Agency is proposing NSPS limitations equivalent to those 
proposed for BPT for this subcategory. The NSPS limitations for this 
subcategory can be found in the proposed rule (which accompanies this 
preamble) at Sec. 438.76. (See Section XXI.C for a discussion of 
monitoring flexibility.)
4. NSPS Analysis
    EPA notes that railroad line maintenance facilities do not have 
revenue reported at the facility level, and it is therefore not 
possible to compare costs as a percent of facility revenue for new and 
existing facilities in this subcategory. In addition, EPA is proposing 
to set NSPS equal to BAT (Option 10) and has determined this option is 
economically achievable for these facilities under BAT, therefore, EPA 
concluded that NSPS based on Option 10 would not create a barrier to 
entry.

N. PSNS for the Railroad Line Maintenance Subcategory

1. Rationale for Not Proposing PSNS
    EPA expects that new facilities in the Railroad Line Maintenance 
subcategory will discharge similar quantities of the

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same pollutants that existing sources discharge. Therefore, EPA is 
proposing to not establish PSNS for this subcategory for the same 
reasons that it did not propose PSES. (See Section XII.J.1).

O. NSPS for the Shipbuilding Dry Dock Subcategory

1. Need for NSPS
    EPA expects that new facilities in the Shipbuilding Dry Dock 
subcategory will discharge similar quantities of the same pollutants 
that existing sources discharge. Therefore, the need for NSPS 
regulation is the same as the need for BPT regulation. (See Section 
IX.H.1).
2. Selected NSPS Option
    EPA is proposing New Source Performance Standards for this 
subcategory based on BAT Option 10, dissolved air flotation plus in-
process flow control and pollution prevention. The Agency determined 
that Option 10 is the best available demonstrated technology for the 
removal of pollutants in this subcategory and is proposing this option 
for the same reasons it selected this option for BPT. (See Section 
IX.H.2).
3. Calculation of NSPS Limitations
    The Agency is proposing NSPS limitations equivalent to those 
proposed for BPT for this subcategory. The NSPS limitations for this 
subcategory can be found in the proposed rule (which accompanies this 
preamble) at Sec. 438.76. (See Section XXI.C for a discussion of 
monitoring flexibility.)
4. NSPS Analysis
    Since EPA is proposing to set NSPS equal to BAT (Option 10) and has 
determined that this option is economically achievable for these 
facilities under BAT, EPA concluded that NSPS based on Option 10 would 
not create a barrier to entry.

P. PSNS for the Shipbuilding Dry Dock Subcategory

1. Rationale for Not Proposing PSNS
    EPA expects that new facilities in the Shipbuilding Dry Dock 
subcategory will discharge similar quantities of the same pollutants 
that existing sources discharge. Therefore, EPA is proposing to not 
establish PSNS for this subcategory for the same reasons that it did 
not propose PSES. (See Section XII.K.1)

XIV. Issues Related to the Methodology Used to Determine POTW 
Performance

    For today's proposal, EPA used its traditional methodology to 
determine POTW performance (percent removal) for toxic and non-
conventional pollutants. POTW performance is a component of the pass-
through methodology used to identify the pollutants to be regulated for 
PSES and PSNS. It is also a component of the analysis to determine net 
pollutant reductions (for both total pounds and toxic pound-
equivalents) for various indirect discharge technology options. 
However, as discussed in more detail below, EPA is evaluating several 
issues related to its traditional methodology for determining POTW 
performance and solicits comments a variety of methodological changes.

A. Assessment of Acceptable POTWs

    EPA developed the principal pass-through analysis for today's MP&M 
proposal by using data from all 50 POTWs that were part of the 50 POTW 
Study data base. Some of these POTWs were not operated to meet the 
secondary treatment requirements at 40 CFR part 133 for all portions of 
their wastestream. Most POTWs today have secondary treatment or better 
in place. EPA estimates that as of 1996, POTWs with at least secondary 
treatment in place service greater than 90 percent of the indirect 
discharging population. If the POTW removal calculations do not reflect 
the upgrades and system improvements that have occurred since the time 
of the 50 POTW Study, they would tend to under-estimate POTW removals. 
This would result in overestimating the pollutant reductions that are 
achieved through the regulation of indirect dischargers, thereby making 
the regulation appear more cost-effective for indirect dischargers than 
it is.
    One partial solution to this methodological issue would be to 
evaluate individual treatment trains in the 50 POTW Study data base, 
and include only those treatment trains that achieved compliance with 
40 CFR part 133 in the analysis of POTW pollutant removal rates. There 
were 29 treatment trains that achieved BOD5 and TSS effluent 
concentrations between 15 mg/l and 45 mg/l during the sampling and 
could potentially be considered reflective of secondary treatment 
(based on 40 CFR 133.102 limitations of 30 mg/l monthly average and 45 
mg/l weekly max for secondary treatment), and an additional 2 treatment 
trains were either trickling filters or waste stabilization ponds that 
achieved BOD5 and TSS effluent concentrations between 40 mg/
l and 65 mg/l and could potentially be considered equivalent to 
secondary treatment pursuant to 40 CFR 133.101(g) (based on 40 CFR 
133.105 limitations of 45 mg/l monthly average and 65 mg/l weekly 
maximum). In addition, 15 treatment trains achieved BOD5 and 
TSS effluent concentrations below 15 mg/l each, and could potentially 
be considered greater than secondary treatment.
    Using data from these 46 treatment trains only would omit the worst 
performers in the 50 POTW Study that are probably not reflective of 
current performance. It might not fully correct, however, for 
additional upgrades and optimization that may have occurred over the 
past two decades.

B. Assessment of Acceptable Data

    EPA developed the pass-through analysis that is the basis for 
today's proposal using POTW data editing criteria that are generally 
consistent with those used for the industry data. Specifically, EPA 
included only data from POTWs for which influent concentrations were 10 
times the analytical minimum (quantitation) level (10xML) if available. 
If none of the average pollutant influent concentrations are at least 
10 times the ML, then EPA retained only data from POTWs for which 
influent concentrations were 2 times the analytical minimum level. 
Because it is difficult to achieve the same pollutant reduction (in 
terms of percent) in a dilute wastestream as in a more concentrated 
wastestream, EPA believes that a 10 X ML editing criteria may 
overestimate the percent removals that are calculated for both industry 
and POTWs in the pass-through analysis.
    As a general rule, more POTW data than industry data is eliminated 
through this editing criteria for the specific pollutants that are 
being examined. This is not surprising since the pass-through analysis 
would not even be performed on pollutants generally found at less than 
10 times the method minimum level in industry since EPA would, in many 
cases, not require pretreatment for such low levels of a pollutant. As 
a result of this imbalance (pollutant influent levels at POTWs being 
less than pollutant influent levels to industrial pretreatment), EPA 
believes that it is possible that this editing criteria may bias the 
pass-through results by over-estimating POTW removals where influent 
concentrations are generally lower. This would result in 
underestimating the pollutant reductions that are achieved through the 
regulation of indirect dischargers thereby making the rule appear less 
cost-effective than it is. On the other hand, there may be little 
difference in percent removals across the range of

[[Page 477]]

influent concentrations generally experienced by POTWs.
    One potential solution to this methodological question would be to 
include data (for both indirect dischargers and POTWs) even if the 
influent concentration is not 10 times the analytical minimum level. 
This solution needs to be considered in context, however, with data 
handling criteria for effluent measurements of ``non-detect'' discussed 
below.

C. Assessment of Removals When Effluent Is Below the Analytical Method 
Minimum Level

    EPA developed the pass-through analysis that is the basis for 
today's proposal using the analytical method minimum level as the 
effluent value when the pollutant was not detected in the effluent. 
This is the approach that is generally used when developing pollutant 
reduction estimates for the regulation, performing cost-effectiveness 
calculations, and developing effluent limitations. EPA believes that 
this methodology may underestimate the performance of the selected 
technology option for both directs and indirects. Once again, this 
would result in underestimating the removals estimated for direct 
dischargers, and thereby making the rule appear less cost-effective 
than it is. For indirect dischargers, EPA believes that the overall 
effect of using the minimum level for non-detect values for both 
industry and POTW data creates a bias for underestimating POTW removals 
in comparison to industry removals. This may result in an 
overestimation of pollutant removals by indirect dischargers, and may 
make the rule appear more cost-effective than it is. [Note that this 
problem is minimized by only using data with influent levels exceeding 
10 X ML, because a non-detect assures that at least 90 percent of the 
pollutant has been removed. It is arguably less important that the true 
removal may be greater than 90 percent, rather than exactly 90 percent. 
Using a less stringent editing criteria of 2 X ML as discussed above 
would exacerbate this problem. If the influent were only 2 X ML, then 
removals greater than 50 percent could never be measured.]
    One potential alternative would be to assume a value of one half of 
the minimum level for effluent values of non-detect. This approach 
would have to be applied uniformly for the indirect dischargers as well 
as the POTWs in order for the percent removal calculations to be 
reasonable.
    For a more detailed discussion of alternative approaches to the 
POTW pass-through analysis, see the Appendix to Section 7 of the 
Technical Development Document. EPA solicits comment on the 
significance of each of these methodological issues and the potential 
alternatives.

XV. Methodology for Estimating Costs and Pollutant Reductions

    EPA estimated industry-wide compliance costs and pollutant loadings 
using model sites based on technical questionnaire respondents and a 
computerized design and cost model for the MP&M technology options (see 
Sections 11 and 12 of the Technical Development Document for a detailed 
discussion of EPA's MP&M Design & Cost Model). The Agency estimated 
industry-wide costs and pollutant loadings for several technology 
options based on technologies designed for each subcategory of model 
sites. EPA used these model sites to estimate costs for 63,000 MP&M 
wastewater-discharging sites nationwide using statistically calculated 
industry weights (i.e., survey sample weights). EPA notes that once the 
low flow exclusion is applied, the number of sites expected to incur 
costs under the MP&M regulation is 10,300.
    There are 890 sites which indicated that they were water 
dischargers on their technical questionnaire and provided EPA with 
enough data to include them in the cost model. EPA assessed each of the 
890 sites selected to determine the unit operations, wastewater 
characteristics and treatment technologies currently in place at the 
sites.
    Based on the information provided by the sites in their 
questionnaire responses, follow-up letters, and phone calls, EPA 
classified each wastewater stream by the type of unit operation (e.g., 
machining, electroplating, acid treatment, etc.) and base metal type 
(e.g., steel, aluminum, zinc, etc.). The Agency used the following 
additional questionnaire data to characterize process wastewater 
streams: wastewater discharge flow rate, production rate, operating 
schedule, and discharge destination. Many of the sites provided these 
data for all wastewater streams generated on site. For sites that did 
not provide complete data, EPA either estimated the missing data based 
on technical considerations specific to the site, or statistically 
imputed the data. The Agency modeled the concentration of each 
pollutant in each wastewater stream from field sampling of wastewater 
discharges from the unit operations at MP&M sites. EPA used 
questionnaire responses to identify the following information about 
end-of-pipe technologies in place at MP&M sites: the types of treatment 
units in place; the unit operations discharging process wastewater to 
each treatment unit; and the operating schedule of each treatment unit.
    EPA developed a computerized design and cost model to estimate 
compliance costs and pollutant loadings for the MP&M technology 
options, taking into account each site's level of treatment in place. 
As a conservative estimate for estimating baseline (prior to compliance 
with these proposed regulations) pollutant loadings, EPA assumed that 
all sites with treatment currently in place (including those sites not 
currently covered by the Metal Finishing regulations) were currently 
meeting the long-term average (LTA) concentrations (i.e., design 
concentrations) for the pollutants limited under the Metal Finishing 
effluent guidelines (40 CFR part 433) with the exception of cyanide and 
were meeting the LTA concentrations achieved by EPA's sampled MP&M BAT 
facilities for cyanide and other pollutants of concern. For sites that 
did not report treatment in place, EPA based baseline pollutant 
loadings on EPA's unit operation-by-unit operation sampling data for 
raw wastewater. The Agency programmed the model with technology-
specific modules which calculated the costs for various combinations of 
technologies included in the technology options for each subcategory. 
EPA based design and cost data on MP&M site data, literature data, and 
vendor data. The Agency developed technology-specific cost modules for 
the in-process pollution prevention and water use reduction 
technologies and end-of-pipe treatment technologies discussed in 
Section VII.A of this notice.
    The model provided the following types of information for each 
technology designed for a model site: capital costs; operating and 
maintenance costs; electricity used and associated cost; sludge 
generation and associated disposal costs; waste oil generation and 
associated disposal costs; water use reduction and associated cost 
credit; chemical usage reduction and associated cost credit; effluent 
flow rate; and effluent pollutant concentrations. This data enabled EPA 
to develop site by site compliance costs and pollutant reductions for 
the costed sites.
    If contract hauling of wastewater for off-site treatment and 
disposal was less costly than on-site treatment, EPA estimated costs 
assuming the model site would contract haul the wastewater. EPA made 
this assessment on a technology-specific basis. When estimating costs 
for sludge disposal, EPA assumed all sludge to be F006

[[Page 478]]

listed (or other F-listed hazardous waste) hazardous waste under RCRA 
(40 CFR 261.31) and would, therefore, be disposed of off-site as 
hazardous waste. As a conservative estimate for the model, EPA did not 
allow the time for storage of the sludge prior to disposal to exceed 90 
days, regardless of the facilities RCRA generator status (i.e., exempt, 
small, large). EPA notes that on March 8, 2000 (65 FR 12377), the 
Agency published a final regulation in the Federal Register extending 
the accumulation time, under RCRA, for certain wastewater treatment 
sludges from electroplating processes to be held on-site without 
requiring a hazardous waste storage permit. Facilities implementing 
pollution prevention, recycling and metals recovery meeting certain 
requirements can accumulate F006 sludge for up to 180 days for large 
quantity generators (or 270 days for small quantity generators).
    After estimation of capital and operating and maintenance costs, 
EPA calculated the total capital investment (TCI), and the total 
annualized cost (TAC). The Agency assumed that facilities meeting local 
limitations or national effluent limitation guidelines and pretreatment 
standards will already incur monitoring costs. EPA solicits comment on 
the whether facilities will incur additional monitoring costs to comply 
with today's proposal (and how much that monitoring would cost). EPA 
has incorporated several options for adding additional flexibility in 
regards to monitoring (See Section XXI.C for a discussion on monitoring 
flexibility). EPA expects that these proposed flexibilities will 
decrease the overall burden and costs of analytical wastewater 
monitoring for facilities within the scope of this rule.

XVI. Economic Impact and Social Cost Analysis

A. Introduction

    EPA's economic analyses are presented in the report titled 
``Economic, Environmental, & Benefit Analysis of the Proposed Metal 
Products & Machinery Rule [EPA-821-B-00-008] (hereafter referred to as 
the ``EEBA''). This report presents the social costs and benefits of 
the proposed rule and alternatives, and estimates the expected economic 
impacts of compliance with the proposed rule in terms of facility 
closures and associated losses in employment. Other measures of 
economic impact include firm-level impacts, local community impacts, 
international trade effects, employment effects, and effects on new 
MP&M facilities. An analysis of impacts on small businesses supports 
EPA's compliance with the Regulatory Flexibility Act (RFA) as amended 
by the Small Business Regulatory Enforcement Fairness Act (SBREFA). 
This section of the preamble summarizes the economic impact and social 
cost findings from the EEBA. The reader is referred to the full report 
for the details of these analyses.
    EPA's determination of economic achievability are based on the 
findings reported in the EEBA and discussed below. The options analyzed 
consist of combinations of comparable technology options for the 
different subcategories. The three options analyzed in the economic 
analyses are defined as follows:

                      Table XVI-1.--Regulatory Options Considered in the Economic Analyses
----------------------------------------------------------------------------------------------------------------
             Subcategory                    Proposed rule            Option 2/6/10              Option 4/8
----------------------------------------------------------------------------------------------------------------
General Metals.......................  Technology option 2; 1   Technology option 2....  Technology option 4.
                                        mgy flow cutoff for
                                        indirect dischargers.
Metal Finishing Job Shop.............  Technology option 2....  Technology option 2....  Technology option 4.
Non-Chromium Anodizing...............  Technology option 2; no  Technology option 2....  Technology option 4.
                                        PSES/PSNS for indirect
                                        dischargers.
Printed Wiring Board.................  Technology option 2....  Technology option 2....  Technology option 4.
Steel Forming & Finishing............  Technology option 2....  Technology option 2....  Technology option 4.
Oily Wastes..........................  Technology option 6; 2   Technology option 6....  Technology option 8.
                                        mgy flow cutoff for
                                        indirect dischargers.
Railroad Line Maintenance............  Technology option 10;    Technology option 10...  Technology option 8.
                                        no PSES/PSNS for
                                        indirect dischargers.
Shipbuilding Dry Dock................  Technology option 10;    Technology option 10...  Technology option 8.
                                        no PSES/PSNS for
                                        indirect dischargers.
----------------------------------------------------------------------------------------------------------------
Technology options 1 through 10 are described in Section VIII.A. of the preamble.

Technology options 1, 3, 5, 7 and 9 (without pollution prevention) were 
not further analyzed, because they remove fewer pollutants and cost 
more than the comparable technology options with pollution prevention.
    The economic impact analyses assess how facilities will be affected 
financially by the proposed rule. Key outputs of the facility impact 
analysis include expected facility closures in the MP&M industries, 
associated losses in employment, and the number of facilities 
experiencing financial stress short of closure (``moderate impacts''). 
The findings from the facility impact analysis also provide the basis 
for the following analyses:
     A firm-level analysis, which assesses the impact on the 
financial performance and condition of firms owning MP&M facilities;
     An employment effects analysis, which assesses the 
increase in employment associated with compliance activities, the loss 
of employment due to facility closures, and the net effect on overall 
employment;
     A community impact analysis, which assesses the job losses 
caused by facility closures and job gains associated with compliance;
     A foreign trade analysis, which assesses the effect of the 
proposed rule on the U.S. balance of trade;
     A new source impact analysis, which assesses the effect of 
effluent guidelines on the costs and financial viability of new 
facilities in the MP&M industries; and
     The Initial Regulatory Flexibility Analysis (IFRA), which 
assesses the economic and financial impacts of the proposed rule on 
small entities.

B. Facility Level Impacts

1. Facility Categories Analyzed
    EPA performed economic impact analyses for three categories of 
facilities, using different methodologies to evaluate each of the 
groups. The three groups are:
     Private MP&M Facilities. This group includes privately-
owned facilities that do not perform railroad line maintenance and are 
not owned by governments. This major category

[[Page 479]]

includes private businesses in a wide range of sectors or industries, 
including. This segment includes facilities that manufacture and 
rebuild railroad equipment. Only facilities that repair railroad track 
and equipment along the railroad line are not included.
     Railroad line maintenance facilities maintain and repair 
railroad track, equipment and vehicles.
     Government-owned facilities include MP&M facilities 
operated by municipalities, State agencies and other public sector 
entities such as State universities. Many of these facilities repair, 
rebuild, and maintain buses, trucks, cars, utility vehicles (e.g., snow 
plows and street cleaners), and light machinery.
    The specific methodology used to assess impacts differs for each of 
the three types of MP&M facilities. In each case, EPA established 
thresholds for measures of financial performance and compared the 
facilities' performance before and after compliance with each 
regulatory option with these thresholds.
2. Data Sources for the Facility Impact Analysis
    The economic analyses rely on data provided by the financial 
portion of the detailed questionnaire distributed to MP&M facilities by 
EPA under the authority of Section 308 of the Clean Water Act 
(``Section 308 Survey''). (See Section V.B for information on the MP&M 
survey questionnaires). The survey was conducted in two phases, 
covering different MP&M industries in each phase. The Phase I survey 
covered seven industry sectors and reported data for fiscal years 1987 
to 1989. The Phase II survey covered an additional ten industry sectors 
(all remaining MP&M sectors except Steel Forming and Finishing, which 
was the subject of a separate survey) and reported data for fiscal 
years 1994 to 1996. The survey financial data were extrapolated to 1999 
dollars using the Producer Price Index. The survey financial data 
included three years of income statements and balance sheets for the 
facility; the composition of revenues by customer type and MP&M 
business sector; estimated value of facility assets and liabilities in 
liquidation; borrowing costs; ownership of the facility; and total 
revenues and employment of the owning entity (if separate from the 
facility). The impacts assessed for these sample facilities were 
extrapolated to the national level using facility sample weights that 
are based on the sample design for the industrial detailed surveys.
    Data for facilities in the railroad line maintenance subcategory 
came from a modified version of the Phase II survey administered to 
railroad operating companies. The questionnaire was modified because 
railroad operating companies generally do not monitor financial 
performance or collect financial data at the facility level for line 
maintenance facilities. The railroad operating companies reported the 
number of MP&M facilities in each operating unit, and provided detailed 
operating company financial data and technical data for each line 
maintenance facility.
    Data for the Steel Forming and Finishing Subcategory came from a 
1997 Section 308 survey of iron and steel facilities. This survey 
requested financial data generally similar to that collected by the 
MP&M surveys, including income statements and balance sheets for Fiscal 
Years 1995-1997 for the facility and the parent firm.
    Government-owned MP&M facilities provided data in response to a 
Phase II Section 308 survey of municipal and other government agency 
facilities. This survey requested information on fiscal year 1996 
sources and amounts of revenue and debt levels for both the government 
entity and the MP&M facilities; and demographic data for the population 
served by the government entity.
    In addition to the survey data, a number of secondary sources 
provided data for the analysis. Secondary source data were used to 
characterize background economic and financial conditions in the 
industries subject to the MP&M effluent guideline. Secondary sources 
used in the analysis include:
     Department of Commerce economic census and survey data, 
including the Censuses of Manufactures, Annual Surveys of Manufactures, 
and international trade data;
     The Benchmark Input-Output Tables of the United States, 
published by the Bureau of Economic Analysis in the Department of 
Commerce;
     Price index series from the Bureau of Labor Statistics, 
Department of Labor;
     U.S. Industry and Trade Outlook, published by McGraw-Hill 
and the U.S. Department of Commerce;
     Industry trade publications; and
     Financial publications, including the Value Line 
Investment Survey and Robert Morris Associates annual data summaries.
3. Methodology and Impact Measures for the Facility Level Analysis
a. Private MP&M Facilities
    EPA performed two categories of financial analysis, one to assess 
the potential for facility closures and the other to assess the 
potential for moderate financial impacts on MP&M facilities. These 
analyses considered facility financial condition in the absence of the 
rule (under baseline conditions) and changes in financial condition 
that would result from the proposed rule.
    EPA used two financial tests to estimate closures among general 
MP&M facilities:
     After-Tax Cash Flow: EPA examined after-tax cash flow 
(ATCF) over a three year period to determine the financial condition of 
general MP&M facilities.
     Net Present Value: EPA also performed a net present value 
(NPV) test, which compared the liquidation value of each facility to 
the present value of expected future earnings. A business may close if 
the value of closing (its liquidation value) exceeds its value as an 
ongoing business (calculated as the present value of expected future 
earnings).
    EPA determined that a facility is subject to severe financial 
stress and is a potential closure if ATCF is negative, since businesses 
generally cannot sustain negative cash flows for long periods of time. 
This test used the average of reported financial data over three fiscal 
years. Baseline cash flow is defined as the sum of reported net income 
and depreciation. The measure is widely used within industry in 
evaluating capital investment decisions because both net income and 
depreciation (which is an accounting offset against income, but not an 
actual cash expenditure) are potentially available to finance future 
investment. However, assuming that total baseline cash flow is 
available over an extended time horizon (for example, 15 years) to 
finance investments related to environmental compliance could overstate 
a site's ability to comply. In particular, the cost of existing capital 
equipment (not associated with regulatory compliance) is not netted out 
of cash flow, as it is of income through the subtraction of 
depreciation. Thus, any costs associated with either replacing existing 
capital equipment, or repaying money that was previously borrowed to 
pay for it, are omitted from the facility analysis. EPA requests 
comment on its use of cash flow as a measure of resources available to 
finance environmental compliance and suggestions for alternative 
methodologies. (See Section XXII of today's notice.)
    Where estimates of liquidation values were available, EPA also 
conducted the NPV test. NPV is the present value of expected future 
earnings less the

[[Page 480]]

liquidation value (including closure and post-closure costs) of the 
facility. If NPV is negative, then a business owner is financially 
better off closing the facility and liquidating its assets, rather than 
keeping the facility open. EPA estimated the present value of the 
facility's expected future earnings by discounting its annual after-tax 
cash flow over a fifteen-year period using a 7 percent discount rate. 
EPA presumed that a facility was a potential closure if the facility 
had an NPV less than zero.
    Where liquidation values were available, facilities that failed 
both tests under baseline conditions are baseline closures. Facilities 
that pass at least one of the two tests in the baseline case but then 
fail both tests post-compliance were considered closures due to the 
rule. Where liquidation values were not provided by the survey, EPA 
applied only the ATCF test to identify baseline and regulatory 
closures.
    In many past rules, EPA has used only the cash flow test to predict 
both baseline and regulatory closures. Using both tests presents a 
higher hurdle and thus makes it less likely that a facility 
experiencing stress will be projected to close. Due to data 
limitations, both tests were used for only 18,913 (approximately a 
third) of the 58,421 private MP&M facilities considered in the 
analysis. For the remaining two-thirds of the facilities, only the 
after-tax cash flow test was used. Table XVI-2 shows the impacts on 
estimated closures of using both tests, rather than the cash flow test 
alone, to predict closures.

  Table XVI-2.--Baseline Closures, Regulatory Closures, and National Estimates of Compliance Costs for Private
      MP&M Facilities by Status under Tests for Closures: 18,913 Facilities for Which Both Tests Were Used
----------------------------------------------------------------------------------------------------------------
                                                                                   Status under proposed option
                                                                    Facilities   -------------------------------
                                                     Baseline     remaining open                      Pre-tax
                  Closure test                       closures         in the        Regulatory      compliance
                                                                     baseline        closures      costs  ($1999
                                                                                                     million)
----------------------------------------------------------------------------------------------------------------
Fail ATCF Only..................................           3,211          15,766             225        $1,782.6
Fail NPV Only...................................           4,243          14,734             244         1,657.2
Double Test: Fail ATCF and NPV Text.............           2,711          16,266             169         1,793.4
----------------------------------------------------------------------------------------------------------------

    If the cash test alone had been used, about 500 additional baseline 
closures and 56 additional regulatory closures would have been 
projected for the proposed rule. Depending on the subcategories in 
which these facilities were located, this could have affected EPA's 
achievability determinations in some cases. EPA requests comment on its 
methodology for estimating facility closures for this rule.
    All sellers in an affected market may benefit from higher prices 
when prices rise in response to compliance costs, whether or not they 
incur compliance costs under the rule. Some facilities that have very 
low compliance costs may even gain more from increased prices than they 
lose due to increased costs associated with the rule. The analysis 
takes into account the effect of price increases that are attributable 
to the regulation. The estimated price increases were generally less 
than 1 percent and in no case exceeded 2 percent.
    EPA also identified private MP&M facilities that are not expected 
to close but that might nonetheless experience moderate financial 
impacts as a result of the rule. The analysis of moderate financial 
impacts examined two financial indicators:
     Pre-Tax Return on Assets (PTRA): The ratio of cash 
operating income to total assets measures the facility's profitability.
     Interest Coverage Ratio (ICR): The ratio of cash operating 
income to interest expenses measures the facility's ability to service 
its debt and borrow for capital investments.
    These two measures are among the criteria that creditors and equity 
investors use to determine whether and under what terms to provide 
financing to a business. The PTRA and ICR also provide insight into the 
ability of a business to generate funds for compliance investments 
internally. A business may have some trouble obtaining financing if its 
profitability is low and its ability to pay its continuing interest 
expenses is uncertain. EPA compared baseline and post-compliance PTRA 
to an 8 percent threshold and ICR to a threshold of 4. A facility is 
considered subject to incremental moderate impacts attributable to the 
proposed regulation if its PTRA and its ICR both pass these thresholds 
in the baseline but it fails one or both of the tests after compliance 
with the rule. Facilities failing one of the tests in the baseline and 
both tests post-compliance were not counted as experiencing moderate 
impacts, but this may in some cases be indicative of moderate rule-
related impacts as well.
    EPA assumed that MP&M facilities would be able to recover some of 
their regulatory costs by raising prices to their customers. An 
analysis of the potential for cost recovery considered conditions in 
each individual MP&M industrial sector industry (e.g. aircraft, 
aerospace, electronic equipment, etc.) Cost pass-through factors were 
estimated for each sector. The cost pass-through factor blends findings 
from two separate analyses to estimate a composite measure of pass-
through potential:
     An econometric analysis of the historical relationship 
between output prices and changes in input costs; and
     An analysis of indicators of pass-through potential based 
on market structure and performance.
    Market structure factors include:
     Market power based on the degree of horizontal and 
vertical integration;
     Extent of competition from foreign suppliers (in both 
domestic and export markets);
     Barriers to competition as indicated by above normal, 
risk-adjusted profitability; and
     Long term growth trends in the industry.
The analysis of pass-through potential indicates the percentage of 
compliance costs that EPA expects firms subject to regulation to 
recover from customers through increased prices. The estimated 
percentage price increases were very small for the proposed rule, 
ranging from 0.02 percent to less than two percent in different 
sectors. This analysis can be found in Appendix B of the EEBA.
    Table XVI-3 summarizes the measures used to assess impacts for 
private MP&M facilities.

[[Page 481]]



                Table XVI-3.--Summary of Facility Impact Methodology for Private MP&M Facilities
----------------------------------------------------------------------------------------------------------------
                                                                                             Significance of
           Impact category                   Description                Criteria             negative finding
----------------------------------------------------------------------------------------------------------------
Baseline Closure.....................  Identifies facilities    1. After-tax cash flow   Facilities failing both
                                        that are in jeopardy     (ATCF) negative? and     tests are considered
                                        of financial failure    2. Liquidation value      baseline closures and
                                        independent of the       exceed going concern     excluded from
                                        proposed regulation.     value (NPV test)?.       subsequent analyses.
Post-Compliance Closure..............  Identifies facilities    1. Post-compliance       Facilities failing both
                                        that are likely to       after-tax cash flow      tests are projected to
                                        close instead of         (ATCF) negative? and     close as the result of
                                        implementing the        2. Liquidation value      regulation--an
                                        pollution prevention     exceed post-compliance   incremental severe
                                        and treatment systems    going concern value?.    economic impact.
                                        required to comply
                                        with the rule.
Moderate Financial Impacts...........  Identifies facilities    1. Decline in pre-tax    Facilities passing both
                                        that may have            return on assets         tests in the baseline
                                        difficult financing      (PTRA) to a level that   but failing one or
                                        compliance investments   jeopardizes access to    both tests post-
                                        or on-going business     financing? or            compliance are
                                        investments as a        2. Decline in interest    considered to
                                        result of the rule.      coverage ratio (ICR)     experience incremental
                                                                 to a level that          moderate economic
                                                                 jeopardizes access to    impacts attributable
                                                                 financing?.              to the regulation.
----------------------------------------------------------------------------------------------------------------

b. Railroad Line Maintenance Facilities
    Railroad operators are unlikely to evaluate the financial 
performance of repair and maintenance facilities as separate profit 
centers, and are therefore not likely to estimate revenues at the 
facility level. EPA conducted an analysis of impacts of these 
facilities at the railroad operating company level, and assessed 
whether the combined impact of compliance costs for the regulated 
facilities owned by each operating company would cause a deterioration 
in the company's financial performance. The analysis predicted that 
railroad line maintenance facilities would close only if the railroad 
operating company as a whole was predicted to close, based on the same 
closure tests described above for other private MP&M facilities. 
Railroad facilities other than the line maintenance facilities perform 
the same type of operations as other MP&M facilities and are included 
in the General Metals and Oily Wastes subcategories, depending on their 
MP&M activities.
c. Government-Owned Facilities
    Governments with facilities affected by the proposed rule may take 
one of three actions in response to the rule:
     Replace one or more MP&M municipal facilities with a non-
municipal provider for services;
     Discontinue these services altogether; or
     Pay for compliance and continue operations.
    EPA assumed that all government-owned facilities would continue 
operating under the proposed rule. The economic impact analysis for 
these facilities evaluates whether a government entity would incur a 
major budgetary burden as a result of complying with the proposed rule. 
Like private firms, governments could in some cases minimize the impact 
of the proposed rule on their budgets by discontinuing operations at 
the regulated facility, rather than paying the costs of compliance. 
Unlike the analysis for private sector MP&M facilities, the analysis of 
government impacts did not consider potential closures and therefore 
may overstate the impacts of the rule on governments that own MP&M 
facilities.
    EPA evaluated impacts for government-owned facilities by performing 
three tests.
     Impacts on site-level cost of service: This test assesses 
whether facility compliance costs would exceed one or more percent of 
the total baseline cost of service at that facility. EPA assumed that 
facilities can absorb compliance costs within their current budget if 
the costs do not exceed one percent of total costs in the baseline.
     Impacts on taxpayers: This test compared compliance costs 
to the income of households that are served by the relevant government, 
and that may support the government through taxes and fees. (If the 
government is a regional transit authority, for example, then the 
households included in this analysis are all households in the region 
that provides funding for the transit authority, as reported in the 
Phase II Section 308 survey.) A government might be expected to 
experience impacts if the ratio of total annualized pollution control 
costs per household to median household income exceeds one percent 
post-compliance. This comparison considered the government entity's 
existing pollution control costs plus the compliance costs incurred by 
all of its MP&M facilities under this rule. EPA uses this test in its 
Economic Guidance for Water Quality Standards as a screening measure to 
determine when communities would incur ``little economic impact'' from 
total pollution control costs. EPA recognizes that most local 
governments receive at most a few percent of the income of their tax or 
fee base (and some receive much less). Thus, one percent of median 
income for pollution control costs alone may be a very significant 
share of the local government's total budget.
     Impact on government debt levels: This test assessed the 
impact of financing the capital costs of compliance on the government's 
overall debt burden. The government might be expected to experience 
impacts if financing all of the compliance capital investments would 
increase its total debt service payments to more than 25 percent of 
baseline revenue. This criterion is used in EPA's MUNIPAY model as a 
level beyond which debt service costs might adversely affect a 
community's credit-worthiness. EPA determined that a government 
facility that failed all three tests is likely to suffer severe adverse 
impacts as a result of the rule. As shown in Table XVI-12 below, no 
governments fail the latter two tests. However, 215 facilities failed 
the site-level cost of service test. The governments operating these 
facilities could experience some level of impacts as a result of the 
rule, if these facilities represent a significant cost to their 
budgets. Government owned facilities perform the same type of 
operations as other MP&M facilities and are included in the General 
Metals and Oily Wastes subcategories, depending on their MP&M 
activities.
4. Baseline Closure Analysis
    The estimated baseline closures for both indirect and direct 
discharge facilities are summarized in Table XVI-4. Of the estimated 
62,752 discharging facilities, 6.1 percent or 3,829 facilities

[[Page 482]]

were assessed as baseline closures. The 3,829 baseline closures include 
3,678 indirect dischargers, or 6.3 percent of indirect dischargers, and 
151 direct dischargers, or 3.1 percent of direct dischargers. The 
facilities estimated to close in the baseline analysis are in jeopardy 
of financial failure independent of the proposed rule. These facilities 
were excluded from the post-compliance analysis of regulatory impacts. 
Data on facility start-ups and closures from the Census Statistics of 
U.S. Businesses indicate that between 6 and 12 percent of facilities in 
the major metal products manufacturing industries close in any given 
year. EPA's estimate may therefore understate actual baseline closures 
somewhat.

                                   Table XVI-4.--Summary of Baseline Closures
----------------------------------------------------------------------------------------------------------------
                                                                     Number of      Percent of
                   Subcategory                     Total number      baseline        baseline      Operating in
                                                  of dischargers     closures        closures        baseline
----------------------------------------------------------------------------------------------------------------
General Metals..................................          29,975           3,199            10.7        * 26,776
Metal Finishing Job Shop........................           1,530             286            18.7           1,244
Non-Chromium Anodizing..........................             190              40            21.1             150
Printed Wiring Board............................             635               3             0.5             632
Steel Forming & Finishing.......................             153               6             3.9             147
Oily Wastes.....................................          29,425             295             1.0          29,130
Railroad Line Maintenance.......................             832               0             0.0             832
Shipbuilding Dry Dock...........................              11               0             0.0              11
                                                 ---------------------------------------------------------------
    All Categories..............................          62,752           3,829             6.1       * 58,922
----------------------------------------------------------------------------------------------------------------
* Excludes 64 facilities that close under baseline conditions but that are expected to continue operating under
  the proposed rule.
Note: may not sum to totals due to independent rounding.

    Of the facilities closing in the baseline, 64 are projected to 
continue operating under the proposed rule because they qualify for the 
low flow cutoff (and therefore incur no compliance costs) but benefit 
from price increases caused by the rule. These 64 facilities are not 
considered in the remainder of the economic impact analysis.
5. Facility Level Costs by Subcategory
    The Technical Development Document presents EPA's engineering 
estimates of costs that will be incurred by facilities to comply with 
the proposed rule and other regulatory options. EPA adjusted the 
engineering costs from 1996 to 1999 dollars using the Engineering News-
Record Construction Cost Index (CCI), and adjusted the costs to reflect 
the effect of taxes using the maximum Federal income tax rate of 34 
percent. The annual equivalent of capital and other one-time costs is 
calculated by annualizing costs at a seven percent discount rate over 
an estimated 15 year equipment life.
    The compliance costs of the rule are the costs paid by those 
facilities that continue to operate in compliance with the rule. 
Aggregate compliance costs presented in this section differ from the 
costs presented in Section IX because they exclude costs for facilities 
that are baseline closures or that close due to regulatory 
requirements. They therefore represent only the compliance outlays of 
facilities that continue to operate. Section H presents EPA's estimates 
of social costs, which include costs for regulatory closures. Table 
XVI-5 shows the total annualized compliance costs by subcategory for 
the 9,577 dischargers (direct and indirect) that are subject to 
requirements, make the necessary investments to meet the requirements, 
and continue operating under the proposed rule. The table also presents 
costs for Option 2/6/10 and Option 4/8, but results are discussed for 
only the proposed option to reduce the length of this document.
    Total annualized costs are the sum of the annual operating and 
maintenance costs and the annualized equivalent of capital and other 
one-time costs. Annualized after-tax compliance costs are estimated to 
be $1,328.9 million ($1.33 billion) \3\ per year under the proposed 
rule, of which 13 percent is paid by direct dischargers and 87 percent 
is paid by indirect dischargers. A total of 49,147 indirect dischargers 
are excluded from regulation by the proposed exclusions and low flow 
cutoffs. Total compliance costs would be 36 percent higher under Option 
2/6/10 ($1,812 million per year paid by 57,641 facilities) and 120 
percent higher under Option 4/8 ($2,918 million per year paid by 55,959 
facilities) than under the proposed rule.
---------------------------------------------------------------------------

    \3\ EPA notes that pre-tax annualized compliance costs are 
estimated to be $1.98 billion (in 1999 dollars).

                    Table XVI-5.--Total Annualized Facility * Compliance Costs by Subcategory, Discharge Status and Regulatory Option
                                                               [After-tax, million $1999]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Proposed rule                   Option 2/6/10                    Option 4/8
                       Subcategory                       -----------------------------------------------------------------------------------------------
                                                              Direct         Indirect         Direct         Indirect         Direct         Indirect
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Metals..........................................          $132.3          $969.9          $132.3        $1,295.8          $195.1        $1,885.5
Metal Finishing Job Shop................................             0.8            80.1             0.8            80.1             1.5           112.1
Non-Chromium Anodizing..................................  ..............             0.0  ..............            17.5  ..............            26.0
Printed Wiring Board....................................             1.7            93.4             1.7            93.4             3.0           141.2
Steel Forming & Finishing...............................            20.9            14.0            20.9            14.0            22.7            21.8
Oily Wastes.............................................             9.3             4.3             9.3           143.8            50.0           457.4
Railroad Line Maintenance...............................             0.8             0.0             0.8             0.2             0.9             0.4

[[Page 483]]


Shipbuilding Dry Dock...................................             1.4             0.0             1.4             0.1             0.4             0.1
All Categories: Annual Costs............................           167.2         1,161.7           167.2         1,644.9           273.6         2,644.5
All Categories: Number of Regulated Facilities                     4,633           4,944           4,633          53,008           4,615          51,344
 Continuing to Operate Post-Regulation..................
                                                         -----------------------------------------------------------------------------------------------
Total Costs to Industry by Option, Directs + Indirects..              $1,328.9
                                                                      $1,812.1
                                                                     $2,918.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
* This table includes facility compliance costs only. Section XVI.H. discusses the social costs of the rule. The estimates in this table exclude
  baseline and regulatory closures.
Note: May not sum to totals due to independent rounding.

6. Facility Level Impacts by Subcategory
    The findings from the post-compliance impact analyses are 
summarized below, first for the PSES requirements considered for 
indirect discharging facilities, and then for the BAT/BPT options 
considered for direct discharging facilities. A third section 
summarizes the findings for both discharger classes. Impacts are 
discussed for only the proposed option, to reduce the length of the 
document; however, the tables present the results for Option 2/6/10 and 
Option 4/8. Impacts are not presented for Options 1, 3, 5, 7, and 9 
(without pollution prevention) because these options remove fewer 
pollutants and cost more than the comparable Options 2, 4, 6, 8, and 
10.
a. Indirect Dischargers
    Of the 54,270 indirect discharging facilities subject to regulation 
after baseline closures, EPA estimates that 179 facilities or 0.3 
percent could be expected to close as the result of the proposed rule, 
as shown in Table XVI-6. More than 90 percent of the indirect 
dischargers are excluded from the regulation by the low-flow cutoffs 
for the General Metals and Oily Wastes subcategories, and the 
exclusions for Non-Chromium Anodizers, Railroad Line Maintenance and 
Shipbuilding Dry Docks. The employment losses associated with the 
facility closures are estimated at 5,738 full-time equivalent (FTE) 
positions. The estimated losses in employment are probably substantial 
overestimates because the analysis does not account for the likelihood 
that non-closing facilities will absorb some of the employment lost 
from closing facilities. The proposed rule also creates new employment 
demand to build, install, maintain and operate compliance equipment, 
which offset these job losses. These job gains are discussed in Section 
XVI-H.4.
    Another 575 facilities, or one percent of the indirect dischargers 
operating in the baseline, are expected to experience moderate economic 
impacts under the proposed rule, as shown in Table XVI-7. Both closures 
and moderate impacts increase substantially for Option 2/6/10 and 
Option 4/8, compared to the proposed rule.

              Table XVI-6.--Incremental Severe Impacts (Facility Closures) on Indirect Dischargers
----------------------------------------------------------------------------------------------------------------
                                                               Number of facility closures due to the rule
             Subcategory               Total operating  --------------------------------------------------------
                                         in baseline       Proposed rule      Option 2/6/10        Option 4/8
----------------------------------------------------------------------------------------------------------------
General Metals......................             23,140                 24              1,017              2,140
Metal Finishing Job Shops...........              1,231                128                128                393
Non-Chromium Anodizing..............                150                  0                 91                 91
Printed Wiring Board................                620                  7                  7                 25
Steel Forming & Finishing...........                105                  6                  6                  6
Oily Wastes.........................             28,219                 14                 14                271
Railroad Line Maintenance...........                799                  0                  0                  0
Shipbuilding Dry Dock...............                  6                  0                  0                  0
                                     ---------------------------------------------------------------------------
    All Categories..................             54,270                179              1,262             2,925
----------------------------------------------------------------------------------------------------------------
Note: May not sum to totals due to independent rounding.


                       Table XVI-7.--Incremental Moderate Impacts on Indirect Dischargers
----------------------------------------------------------------------------------------------------------------
                                                          Number of facilities experiencing moderate impacts due
                                       Total operating                         to the rule
             Subcategory                 in baseline    --------------------------------------------------------
                                                           Proposed rule      Option 2/6/10        Option 4/8
----------------------------------------------------------------------------------------------------------------
General Metals......................             23,140                153              1,753              1,737
Metal Finishing Job Shops...........              1,231                117                117                117
Non-Chromium Anodizing..............                150                  0                  0                  0
Printed Wiring Board................                620                301                301                315
Steel Forming & Finishing...........                105                  4                  4                  4
Oily Wastes.........................             28,219                  0                  0                 26
Railroad Line Maintenance...........                799                  0                  0                  0
Shipbuilding Dry Dock...............                  6                  0                  0                  0
                                     ---------------------------------------------------------------------------

[[Page 484]]


    All Categories..................             54,270                575              2,175             2,199
----------------------------------------------------------------------------------------------------------------
Note: May not sum to totals due to independent rounding.

    Another 575 facilities, or one percent of the indirect dischargers 
operating in the baseline, are expected to experience moderate economic 
impacts under the proposed rule, as shown in Table XVI-7. Both closures 
and moderate impacts increase substantially for Option 2/6/10 and 
Option 4/8, compared to the proposed rule.
b. Direct Dischargers
    Of the 4,653 direct discharging facilities subject to regulation 
after baseline closures, EPA estimates that 20 facilities or 0.4 
percent could be expected to close as the result of the proposed rule. 
These 20 are all General Metals facilities, and represent 0.6 percent 
of the 3,636 General Metals Direct Dischargers operating in the 
baseline. The employment losses associated with these facility closures 
are estimated at 178 FTEs. Again, estimated losses in employment 
associated with closures are likely to be overstated, because the 
analysis does not account for the likelihood that non-closing 
facilities will absorb some of the employment from closing facilities. 
In addition, compliance requirements at facilities that continue to 
operate will lead to off-setting increases in employment.
    Another 41 facilities, or 0.9 percent of the 4,653 direct 
dischargers operating in the baseline, would be expected to experience 
moderate financial impacts due to the rule, as shown in Table XVI-9.

               Table XVI-8.--Incremental Severe Impacts (Facility Closures) on Direct Dischargers
----------------------------------------------------------------------------------------------------------------
                                                               Number of facility closures due to the rule
             Subcategory              Total in baseline --------------------------------------------------------
                                          operating        Proposed rule      Option 2/6/10        Option 4/8
----------------------------------------------------------------------------------------------------------------
General Metals......................              3,636                 20                 20                 35
Metal Finishing Job Shops...........                 12                  0                  0                  0
Non-Chromium Anodizing *............  .................  .................  .................  .................
Printed Wiring Board................                 11                  0                  0                  0
Steel Forming & Finishing...........                 43                  0                  0                  2
Oily Wastes.........................                911                  0                  0                  0
Railroad Line Maintenance...........                 34                  0                  0                  0
Shipbuilding Dry Dock...............                  6                  0                  0                  0
                                     ---------------------------------------------------------------------------
    All Categories..................              4,653                 20                 20                37
----------------------------------------------------------------------------------------------------------------
* EPA estimates that there are no facilities in the Non-Chromium Anodizing subcategory that discharge directly
  to surface waters.
Note: May not sum to totals due to independent rounding.


                        Table XVI-9.--Incremental Moderate Impacts on Direct Dischargers
----------------------------------------------------------------------------------------------------------------
                                                         Number of facilities experiencing moderate  impacts due
                                       Total operating                         to the rule
             Subcategory               in the baseline  --------------------------------------------------------
                                                           Proposed rule      Option 2/6/10        Option 4/8
----------------------------------------------------------------------------------------------------------------
General Metals......................              3,636                 34                 34                103
Metal Finishing Job Shops...........                 12                  0                  0                  0
Non-Chromium Anodizing *............  .................  .................  .................  .................
Printed Wiring Board................                 11                  0                  0                  0
Steel Forming & Finishing...........                 43                  7                  7                  7
Oily Wastes.........................                911                  0                  0                  0
Railroad Line Maintenance...........                 34                  0                  0                  0
Shipbuilding Dry Dock...............                  6                  0                  0                  0
                                     ---------------------------------------------------------------------------
    All Categories..................              4,653                 41                 41               110
----------------------------------------------------------------------------------------------------------------
* EPA estimates that there are no facilities in the Non-Chromium Anodizing subcategory that discharge directly
  to surface waters.
Note: May not sum to totals due to independent rounding.

c. Summary of Facility Impacts
    Table XVI-10 summarizes the results of the economic impact analysis 
for all facilities and for all regulatory options analyzed. Closures 
and moderate impacts under the proposed option are substantially lower 
than in Option 2/6/10 and Option 4/8. Of the 616 facilities 
experiencing moderate impacts due to the proposed rule, 137 facilities 
fell below the threshold for pre-tax return on assets only, 38 fell 
below the interest coverage ratio threshold only, and 441 fell below 
both thresholds due to the rule. Job losses due to closures are more 
than off-set by job gains associated with compliance requirements under 
the proposed option. (See Section XVI-H.4 for a discussion of 
employment impacts.)

[[Page 485]]



                    Table XVI-10.--Summary of Incremental Facility Impacts for All Facilities
----------------------------------------------------------------------------------------------------------------
                                                                   Regulatory option
             Subcategory              --------------------------------------------------------------------------
                                            Proposed rule            Option 2/6/10              Option 4/8
----------------------------------------------------------------------------------------------------------------
Number of Facilities Operating in      58,922.................  58,922.................  58,922.
 Baseline.
Number of Closures (severe impacts)..  199....................  1,282..................  2,963.
Percent Closing......................  0.3....................  2.2....................  5.0.
Job losses due to closures (FTE-       5,916 (over 3 years)...  16,834 (over 3 years)..  48,070 (over 3 years).
 years).
Job gains due to compliance            8,487 (over 15 years)..  12,023 (over 15 years).  27,535 (over 15 years).
 requirements (FTE-years).
Number of Additional Facilities with   616....................  2,216..................  2,309.
 Moderate Impacts.
Percent with Moderate Impacts........  1.0....................  3.8....................  3.9.
Annualized Compliance Costs (pre-tax,  $1.98..................  $2.67..................  $4.18.
 billion $1999).
Annualized Compliance Costs (after-    $1.33..................  $1.81..................  $2.92.
 tax, billion $1999).
----------------------------------------------------------------------------------------------------------------

C. Firm Level Impacts

    EPA examined the impacts of the proposed rule on firms that own 
MP&M facilities, as well as on the financial condition of the 
facilities themselves. A firm that owns multiple MP&M facilities could 
experience adverse financial impacts at the firm level if its 
facilities are among those that incur significant impacts at the 
facility level. The firm-level analysis is also used to compare impacts 
on small versus large firms, as required by the Regulatory Flexibility 
Act and the Small Business Regulatory Enforcement Fairness Act. (RFA/
SBREFA issues are discussed in Section XX.C of this preamble.)
    EPA compared compliance costs with revenue at the firm level as a 
measure of the relative burden of compliance costs. EPA applied this 
analysis only to MP&M facilities owned by private entities. (Section 
XVI.D discusses impacts on governments that own MP&M facilities). The 
Phase I, Phase II industrial detailed, and Iron & Steel surveys 
identified the parent firm that owns each facility that responded to 
the survey. In addition, the Phase II industrial detailed survey 
requested that respondents provide information on other MP&M facilities 
owned by the same firm, on a voluntary basis. EPA estimated firm-level 
compliance costs by summing costs for all facilities owned by the same 
firm that responded to the survey plus estimated compliance costs for 
additional facilities for which respondents submitted information.
    The Agency was not able to estimate the national numbers of firms 
that own MP&M facilities precisely, because the sample weights based on 
the survey design represent numbers of facilities rather than firms. 
Most MP&M facilities (43,118 of 54,590, or 80 percent) are single-
facility firms, however. These firms can be analyzed using the survey 
weights. In addition, there are 289 firms that own more than one sample 
facility. These firms are included in the analysis with a sample weight 
of one, since it is not known how many firms these 289 sample firms 
represent. EPA's analysis of firm-level impacts is presented in Chapter 
9 of the EEBA.
    Table XVI-11 shows the results of the firm-level analysis. The 
results represent a total of 43,407 MP&M firms (43,118 + 289), owning 
54,590 facilities (43,118 owned by single-facility firms + 11,473 owned 
by multi-facility firms).

 Table XVI-11.--Firm Level Before-Tax Annual Compliance Costs as a Percent of Annual Revenues for Private Small
                                            Businesses: Proposed Rule
----------------------------------------------------------------------------------------------------------------
                                                  Number and percent with before-tax annual compliance  costs/
                                                                    annual revenues equal to:
                                               -----------------------------------------------------------------
       Number of firms in the analysis*             Less than 1%              1-3%                 Over 3%
                                               -----------------------------------------------------------------
                                                  Number    Percent     Number    Percent     Number    Percent
----------------------------------------------------------------------------------------------------------------
43,407........................................     41,236         95      1,070        2.5      1,101       2.5
----------------------------------------------------------------------------------------------------------------
*Firms whose only MP&M facilities close in the baseline are excluded.

    A small percentage (2.5 percent) of the firms in the analysis incur 
before-tax compliance costs equal to 3 percent or more of annual 
revenues. Ninety-five percent incur compliance costs less than 1 
percent of annual revenues, and the remaining 2.5 percent incur costs 
between 1 and 3 percent of revenues. Of 2,171 firms in the analysis 
that incur costs greater than 1 percent of revenues, 636 are single-
facility small firms that were reported in the facility impact analysis 
to close (161 firms) or experience moderate impacts (475 firms) due to 
the rule.
    This analysis is likely to overstate costs at the firm level for 
two reasons. First, it includes compliance costs for facilities that 
are projected to close due to the rule. The estimated compliance costs 
for these facilities are higher than the true cost to the firm of 
shutting down the facility, as illustrated by the detailed facility 
impact analysis that projects closures. Second, the analysis does not 
take account of actions a multi-facility firm might take to reduce its 
compliance costs under the proposed rule. These include transferring 
functions among facilities to consolidate wet processes and take 
advantage of scale economies in wastewater treatment.

D. Impacts on Governments

    The proposed MP&M rule will affect governments in two ways:
     Government-owned MP&M facilities may be directly affected 
by the MP&M regulation and therefore incur compliance costs; and

[[Page 486]]

     Municipalities that own Publically Owned Treatment Works 
(POTWs) that receive influent from MP&M facilities subject to the 
regulation may incur additional costs to implement the proposed rule. 
These include costs associated with permitting MP&M facilities that 
have not been previously permitted, and with repermitting some MP&M 
facilities with existing control mechanisms (e.g., permits) earlier 
than would otherwise be required. In addition, POTWs may elect to issue 
mass-based control mechanisms to some MP&M facilities that currently 
have concentration-based control mechanisms, at an additional cost.
1. Impacts on Government-Owned Facilities
    EPA administered a survey (the ``Municipal Survey'') to government-
owned facilities to assess the cost of the regulation on these 
facilities and the government entities that own them. (See Section V.B 
for a discussion of EPA's data collection efforts.) The survey 
requested information that provides the basis for EPA's analysis of the 
budgetary impacts of the proposed regulation, including the size and 
income of the populations served by the affected government entities; 
the government's current revenues by source, taxable property, debt, 
pollution control spending and bond rating; and the costs, funding 
sources and other characteristics of the MP&M facilities owned by each 
government entity.
    EPA discusses the methodology for assessing impacts on government-
owned facilities in more detail in Section XVI.B.3.c. In summary, EPA 
used three tests to assess whether MP&M facility compliance costs would 
impose major budgetary impacts on the governments that own the 
facilities: impacts on site-level cost of service, impacts on 
taxpayers, and impacts on government debt. The first test assesses 
impacts at the facility level and the second two tests assess impacts 
at the government level. The Agency judged that a government would 
incur major budgetary impacts due to the rule if it failed all three 
tests.
    The two government-level tests are applied incrementally. 
Governments that fail the test in the baseline are not considered to 
experience budgetary impacts attributable to the rule.
    Table XVI-12 provides national estimates of the number of MP&M 
facilities operated by governments that are potentially subject to the 
proposed rule, by type and size of government.

                               Table XVI-12.--Number of Government-Owned Facilities by Type and Size of Government Entity
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                         Regional
   Size of government and status under proposed option         Municipal      State  government        County          governmental          Total
                                                               government                            government         authority
--------------------------------------------------------------------------------------------------------------------------------------------------------
Large Governments (population> 50,000)...................                572                366                686                 36              1,660
Small Governments (population =50,000)...................              2,191  .................                481  .................              2,672
                                                          ----------------------------------------------------------------------------------------------
    All Governments......................................              2,763                366              1,167                 36              4,332
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Table XVI-13 summarizes the status of government-owned facilities 
under the various regulatory options, their compliance costs and 
measures of impacts on government that own MP&M facilities.

    Table XVI-13.--Number of Regulated Government-Owned Facilities, Compliance Costs and Budgetary Impacts by
                                                Regulatory Option
----------------------------------------------------------------------------------------------------------------
                                                           Proposed option    Option 2/6/10        Option 4/8
----------------------------------------------------------------------------------------------------------------
Total Number of Government-Owned Facilities............              4,332              4,332              4,332
Number of facilities exempted by low-flow cutoff.......              3,603  .................  .................
Number of facilities subject to regulation.............                729              4,332              4,332
Compliance costs ($1999 million).......................              $14.1              $64.8             $224.7
Number of facilities with compliance costs > one                       215
 percent of baseline cost of service*..................
Number of governments failing the ``impact on                            0
 taxpayers'' criterion**...............................
Number of governments failing the ``impacts on                           0
 government debt'' criterion***........................
Number of governments failing all three impacts                          0
 criteria +............................................
----------------------------------------------------------------------------------------------------------------
* Annualized compliance costs as a percent of total facility costs and expenditures, including operating,
  overhead and debt service costs and expenses.
** Based on comparison of compliance costs for all facilities owned by the government to the income of
  households that are served by the relevant government. A government is judged to experience impacts if the
  proposed rule results in a ratio of total annualized pollution control costs per household to median household
  income that exceeds one percent post-compliance. Includes existing pollution control costs plus the compliance
  costs due to the MP&M rule.
*** Based on comparison of total debt service costs (including costs to finance MP&M capital costs entirely with
  debt) with baseline government revenue. A government is judged to experience impacts if the rule causes its
  total debt service payments to exceed 25% of baseline revenue.
+ A government is judged to experience major budgetary impacts if it has one or more facilities with costs of
  compliance above 1% of baseline cost of service and fails both the taxpayers impact and government debt impact
  tests.

    Table XVI-13 shows that the proposed rule substantially reduces 
costs and impacts relative to the other options considered for 
government-owned facilities, because 3,603 (83 percent) of the 
facilities are exempted under the low flow cutoffs (110 General Metals 
facilities and 3,492 Oily Wastes facilities.) Compliance costs would be 
more than 4\1/2\ times higher under Option 2/6/10 and 16 times higher 
under Option 4.
    An estimated 215 government-owned facilities (5 percent of the 
total) would incur costs under the proposed rule exceeding one percent 
of their baseline cost of service. Therefore, 95 percent of the 
government-owned facilities either incur no costs or are likely to be 
able to absorb the added costs within their existing budgets. None of 
the

[[Page 487]]

governments incur costs that cause them to exceed the thresholds for 
impacts on taxpayers or for government debt burden. EPA therefore 
concludes that the proposed rule will not impose major budgetary 
burdens on any of the governments that own MP&M facilities.
2. POTW Administrative Costs
    EPA also evaluated the costs incurred by governments to administer 
the rule. The rule is not expected to impose any new administrative 
costs associated with direct dischargers, which are already permitted 
by States. However, control authorities will have to issue control 
mechanisms (e.g., permits) for the first time to some indirect 
discharging facilities and will have to accelerate repermitting for 
some indirect dischargers that currently hold control mechanisms.
    The costs of issuing and enforcing permits and control mechanisms 
associated with the proposed rule are discussed in Section XVI.H.3 of 
this preamble. EPA is able to estimate total costs to POTWs, but is not 
able to estimate the costs to any one POTW, since it is not possible to 
determine what POTWs receive discharges from MP&M facilities except for 
those that responded to the surveys.
    EPA estimates that POTWs as a whole will incur incremental average 
annualized costs over 15 years of between $115,000 and $912,000 under 
the proposed rule. The maximum expenditures by all affected POTWs in 
any one year will be between $186,000 and $1,607,000. These costs 
include issuing new control mechanisms (e.g., permits) to facilities 
that do not currently have permits, issuing mass-based permits to some 
facilities that currently have concentration-based permits, and 
repermitting some facilities sooner than would otherwise be required to 
meet the three-year compliance schedule. On average, a POTW's costs for 
the incremental permitting are only $23 to $184 per permitted MP&M 
indirect discharger under the proposed rule.
    EPA is requiring mass-based permits/control mechanisms only for the 
Steel Forming & Finishing subcategory; permits/control mechanisms for 
other subcategories may be concentration-based. EPA is encouraging 
permit writers and control authorities to issue mass-based permits and 
control mechanisms, however, where appropriate and feasible. The 
analysis of permitting costs assumes for costing purposes that one-
third of the new or reissued permits/control mechanisms in 
subcategories other than Steel Forming & Finishing will be mass-based.
    EPA expects that these increases in costs will be partially offset 
by reductions in government administrative costs for facilities that 
are already permitted under local limits and that will be repermitted 
under this rule. The proposed technical guidance provided by EPA as a 
part of this rulemaking may reduce the research required by permit 
writers/control authorities in developing permits and control 
mechanisms based on Best Professional Judgement (BPJ) for industrial 
dischargers not previously covered by a categorical standard or a water 
quality standard. Further, the establishment of discharge standards may 
reduce the frequency of evidentiary hearings. The promulgation of 
limitations may also enable EPA and the authorized States to cover more 
facilities under general permits. EPA did not estimate these cost 
savings to permitting authorities that may result from the rule.

E. Community Level Impacts

    EPA considered the potential impacts of changes in employment due 
to the proposed rule on the communities where MP&M facilities are 
located. Changes in employment due to the rule include both job losses 
that occur when facilities close and job gains associated with 
facilities' compliance activities. EPA estimated that a total of 5,916 
jobs would be lost at the 199 facilities projected to close under the 
proposed rule. At the same time, EPA estimated that manufacturing and 
installing compliance equipment would lead to 4,488 full-time 
equivalent (FTE) positions, and that operating and maintaining 
compliance systems would result in another 286 FTEs per year. Over a 15 
year analysis period, the net effect of job gains and losses caused by 
the rule is an increase of 2,575 FTE-years or an average of 172 FTEs 
per year. This estimate assumes that workers that lose their job are 
unemployed for an average of one year, and that compliance investments 
and closures occur evenly over the first three years after 
promulgation. This estimate of employment impacts is likely to 
understate the net increase, because it ignores the fact that some 
production and employment lost at closing plants is likely to result in 
increased production and employment at other MP&M facilities. (EPA's 
analysis of employment impacts is discussed in more detail in Section 
XVI-H.4 below and in Chapter 6 of the EEBA.)
    Given the projected overall increase in employment due to the 
proposed rule, EPA does not expect the rule to have significant impacts 
at the community level. It is not possible to predict precisely where 
the job gains and losses will occur. However, facilities that are 
projected to close due to the rule have employment ranging from 2 to 
205 FTEs. MP&M facilities tend to be located in industrialized urban 
areas, and closures of this size are not likely to have a major impact 
on a local economy.

F. Foreign Trade Impacts

    U.S. MP&M producers as a group exported products with a value of 
$380.3 billion in 1999. Imports to the U.S. of the same products in 
1999 totaled $539.1 billion, resulting in an overall net MP&M commodity 
trade deficit of $153.8 billion. Some MP&M sectors contribute to a 
positive commodity trade balance (e.g. aircraft, with a $37.0 billion 
positive balance in 1999). In other sectors, substantially more 
products are imported than exported (e.g. motor vehicles, with a net 
negative balance of $96.8 billion.) Exports and imports by MP&M sector 
are discussed in Chapter 3 of the EEBA.
    The proposed rule will have an impact on the balance of trade in 
MP&M products to the extent that prices for MP&M products increase and 
MP&M facilities reduce production. Imports may increase if domestic 
customers switch from domestic suppliers to foreign suppliers of MP&M 
products, and exports may decrease if foreign customers switch from 
purchasing U.S. exports to other suppliers. On the other hand, business 
lost by the regulated MP&M facilities due to their increased costs may 
be captured by other domestic producers.
    Section XVI.B of this preamble and Chapter 5 of the EEBA describe 
EPA's analysis of changes in output that are expected to result from 
the proposed rule. EPA assessed the impact of these market-level 
changes on the U.S. balance of trade using information provided by the 
industrial general surveys on the source of competition in domestic and 
foreign markets. This analysis allocates the value of changes in output 
for each facility that is projected to close due to the rule to 
exports, imports or domestic sales, based on the predominant source of 
competition in each market reported in the surveys.
    Table XVI-14 shows the results of this analysis. The table compares 
the projected changes in exports, imports and balance of trade 
(expressed in $1999) to baseline 1999 values for both the MP&M 
industries and for the U.S. balance of trade in commodities as a whole. 
The projected changes in trade under the proposed rule have a very

[[Page 488]]

small impact on the balance of trade. The total U.S. balance of trade 
in commodities would decline by less than 0.01 percent and the balance 
of trade in the MP&M industries would decline by 0.01 percent.

                              Table XVI-14.--Proposed Rule Impacts on Foreign Trade
                                                 [Million $1999]
----------------------------------------------------------------------------------------------------------------
                                                                   1999 value of   1999 value of    Balance of
                                                                      exports         imports          Trade
----------------------------------------------------------------------------------------------------------------
                                                    Baseline
----------------------------------------------------------------------------------------------------------------
U.S. Commodity Trade............................................         695,797       1,024,618       (328,821)
MP&M Industries.................................................         380,305         534,141       (153,836)
----------------------------------------------------------------------------------------------------------------
                                                 Post-Compliance
----------------------------------------------------------------------------------------------------------------
Change Due to the Proposed Rule.................................               0            21.1          (21.1)
Percent Change In U.S. Commodity Trade Balance..................              0%           0.01%          0.01%
Percent Change in MP&M Industries Trade Balance.................              0%           0.01%         0.01%
----------------------------------------------------------------------------------------------------------------
Source: U.S. Census and U.S. Environmental Protection Agency.

G. Impacts on New Facilities

    EPA assessed the impacts of the proposed rule on new facilities 
based on the characteristics of a model facility in each subcategory 
and (in some cases) discharge category (direct and indirect). 
Engineering estimates of compliance costs for Option 2/6/10 and Option 
4/8 for a representative facility reflect the typical flow size and 
other technical characteristics of facilities in each category. (See 
the Technical Development Document.) Table XVI-15 lists the compliance 
costs and flow size for a representative model facility in each 
category, along with the regulatory option considered for each 
subcategory.
    In absence of the MP&M rule, new sources in the Metal Finishing Job 
Shop and Printed Wiring Board subcategories would comply with 40 CFR 
part 433 new source requirements, and Steel Forming & Finishing new 
sources would comply with 40 CFR part 420 new source requirements. 
Therefore, the analysis considers only the incremental costs of 
proposed MP&M new source requirements beyond those baseline 
requirements.
    EPA estimated facility revenues for the model facilities based on 
the revenues reported for existing facilities in the Section 308 
surveys. The analysis excludes facilities that are projected to close 
or to experience moderate economic impacts in the baseline, since the 
economic characteristics of these financially-weak facilities are 
unlikely to be representative of new facilities. EPA sorted the 
existing financially-sound facilities in each subcategory/discharge 
status by flow size, and identified facilities in each quartile based 
on flow size. The Agency then identified the flow size quartile that 
the hypothetical facility would fall into. Finally, EPA calculated the 
average revenue for the existing facilities in that same flow size 
quartile, and assumed that the hypothetical new facility would have 
revenues equal to that average. Table XVI-15 shows the facility revenue 
estimated for each model facility.
    EPA calculated compliance costs as a percentage of post-compliance 
revenues as a measure of impacts. The projected revenues include 
estimated prices increases due to the rule. The analysis assumes that 
new sources would benefit from the small price increases resulting from 
the proposed rule for existing sources, and applies the same percentage 
price increase to calculate post-regulation revenues for the new 
sources. Table XVI-15 shows before-tax annual compliance costs as a 
percent of facility post-regulation revenues.
    Finally, Table XVI-15 presents the cost-to-revenue percentage 
estimated for new facilities in each subcategory.

                                                            Table XVI-15.--New Source Impacts
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  New source         Annualized      Facility Revenue
              Subcategory                Discharge status   Existing source        options        compliance costs     \c\ ($1999)     New Source ACC as
                                                            options proposed    considered \a\      \b\ ($1999)                           % of Revenue
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Metals........................                  I                  2                  4           $393,220       $417,071,318               0.09
General Metals........................                  D                  2                  4            167,342        398,818,659               0.04
Metal Finishing Job Shops.............                  I                  2                  4             65,369          1,428,443               4.64
Metal Finishing Job Shops.............                  D                  2                  4             70,735          5,089,823               1.41
Non-Chromium Anodizing................                  I                  2                  4             97,108         24,201,166               0.40
Oily Wastes...........................                  I                  6                  8            355,874        474,228,616               0.08
Oily Wastes...........................                  D                  6                  8             37,815        116,772,943               0.03
Printed Wiring Board..................                  I                  2                  4             70,563         35,930,097               0.20
Printed Wiring Board..................                  D                  2                  4            160,184      1,029,783,596               0.02
Railroad Line Maintenance.............                I&D                 10                  8            184,261               n.a.               n.a.
Shipbuilding Dry Dock.................                I&D                 10                  8            220,492        192,018,827               0.11
Steel Forming & Finishing.............                  I                  2                  4            114,851         69,640,244               0.17
Steel Forming & Finishing.............                  D                  2                  4             46,945         32,759,295              0.14
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Technology Options 1 through 10 are described in Section VIII.A of the preamble.
a EPA is not proposing the new source option considered in this analysis for the Non-Chromium Anodizing, Oily Wastes, Railroad Line Maintenance, and
  Shipbuilding Dry Dock subcategories. See Section XIII for a discussion on new source options selection.
b Incremental to baseline new source requirements (found in 40 CFR 433 and 420, as applicable) for Metal Finishing Job Shop, Printed Wiring Board and
  Steel Forming & Finishing new sources.
c Equal to the average revenues of existing facilities in the same quartile based on flow size of the new source model facility, excluding existing
  facilities that close or experience moderate impacts in the baseline. Assumes the same percentage price increases for new as for existing sources
  under the proposed option.
d Includes existing facilities in all flow categories that continue operating post-compliance.


[[Page 489]]

    New sources in all but the Metal Finishing Job Shop direct 
discharger subcategory incur costs that are below one percent of post-
regulation revenues. Cost increases of this magnitude are unlikely to 
place new facilities at a competitive disadvantage relative to existing 
sources. Moreover, costs as a percentage of revenues are generally 
comparable for new sources and existing sources with which they will 
compete.
    Railroad line maintenance facilities do not have revenue reported 
at the facility level, and it is therefore not possible to compare 
costs as a percent of facility revenue for new and existing facilities 
in this subcategory. The representative new source railroad line 
maintenance facility would incur annualized costs ($184,261) that are 
somewhat higher than those incurred by existing facilities in this 
subcategory (which range from zero to $122,042.)
    See Section XIII for a discussion of new source options selection. 
EPA notes that it did not select the ``New Source Option Considered'' 
in Table XVI-15, above, for the Non-Chromium Anodizing, Oily Wastes, 
Railroad Line Maintenance, and Shipbuilding Dry Dock subcategories, but 
rather selected a lower cost option for new sources.

H. Social Costs

1. Components of Social Costs
    The social costs of regulatory actions are the opportunity costs to 
society of employing scarce resources in pollution control activity. 
The largest component of economic costs to society is the cost incurred 
by MP&M facilities for the labor, equipment, material, and other 
economic resources needed to comply with the proposed rule.
    The social costs associated with the proposed MP&M regulation 
differ from the compliance costs estimated to assess impacts on the 
regulated facilities and firms, because of different treatment of 
taxes. Social costs include compliance costs that are considered on a 
before-tax basis. Privately-owned facilities are able to deduct the 
costs of compliance as business expenses, reduce their tax liability 
for a given level of revenue, and thereby share the burden of the costs 
with other taxpayers. The burden is shared with other taxpayers because 
the Federal government loses the money saved by industry through tax 
shields. The cost to society includes the costs borne by industry, as 
well as the cost borne by the Federal government through lost tax 
revenues. The cost to society, therefore, is higher than the cost to 
industry. The annualized lost Federal tax revenues can be calculated as 
the difference between the annualized cost before and after tax 
shields.
    Social costs also include lost producers' and consumers' surplus 
that result when the quantity of goods and services produced decreases 
as a result of the rule. Lost producers' surplus is measured as the 
difference between revenues earned and the cost of production for the 
lost production. Lost consumers' surplus is the difference between the 
price paid by consumers for the lost production and the maximum amount 
they would have been willing to pay for those goods and services. 
Calculating lost producers' and consumers' surplus accurately requires 
knowledge of the characteristics of market supply and demand for each 
affected industry. EPA instead calculated an upper-bound estimate of 
social compliance costs using the simplifying assumption that all 
facilities continue operating in compliance with the rule, and pay the 
associated compliance costs (i.e., assuming that there are no 
regulation-related closures.) This provides an upper-bound estimate of 
social costs because, for facilities predicted to close, continuing to 
operate and incurring compliance costs is more costly than closing the 
facility with the lost producers' and consumers' surplus associated 
with the closure.
    In addition to the resource costs to society associated with 
compliance, the estimated social cost includes two other cost elements: 
the cost to local governments of implementing the rule and the costs 
associated with unemployment that may result from the proposed 
regulation. The government administration costs include the costs to 
POTWs of permitting and compliance monitoring and enforcement 
activities. The unemployment-related costs include the cost of 
administering unemployment programs for workers who would lose 
employment, and an estimate of the amount that workers would be willing 
to pay to avoid involuntary unemployment.
2. Resource Cost of Compliance
    The resource costs of compliance are the value of society's 
productive resources--including labor, equipment, and materials--
expended to achieve the reductions in effluent discharges required by 
the proposed rule. The social costs of these resources are higher than 
the costs incurred by facilities because facilities are able to deduct 
the costs from their taxable income. The costs to society, however, are 
the full value of the resources used, whether they are paid for by the 
regulated facilities or by all taxpayers in the form of lost tax 
revenues. EPA calculated costs at a 7 percent rate. EPA included 
facilities predicted to close due to the rule when calculating social 
costs.
    The estimated after-tax private compliance costs incurred by 
facilities, excluding costs for facilities that close, are $1.3 
billion. The estimated social value of these compliance costs, 
calculated before-tax assuming no regulatory closures, is $2.0 billion. 
This represents the value to society of the resources that would be 
used to comply with the proposed rule if all facilities continued to 
operate rather than some closing due to the rule. This estimate 
represents an upper-bound social value of the compliance resources 
associated with the proposed rule.
3. Cost of Administering the Proposed Regulation
    EPA estimated the cost to governments of administering the proposed 
regulation, including the use of labor and material resources to write 
permits/control mechanisms under the regulation and to conduct 
compliance monitoring and enforcement activities.
    EPA does not expect increases in administrative costs for 
facilities that discharge their wastewater directly to surface water, 
because the National Pollution Discharge Elimination System (NPDES) 
permit program requires that these facilities hold permits. POTWs will 
incur additional permitting costs for indirect dischargers that do not 
already have a control mechanism (e.g., permit) prior to implementation 
of the proposed rule.
    Information on the baseline number of indirect dischargers with 
control mechanisms comes from the industrial detailed facility surveys, 
which reported the baseline permit status of each MP&M facility. (See 
Section V.B for a description of EPA's survey questionnaires.) EPA 
estimated costs and impacts for these facilities. Results of the impact 
analysis indicate that of the 58,922 MP&M facilities continuing to 
operate in the baseline (including 64 avoided baseline closures), 199 
facilities are expected to close rather than comply with the 
regulation. Another 49,147 are excluded or fall below the proposed low 
flow cut-offs. Of the 9,577 facilities that are expected to continue 
operating and comply with the regulation, 4,633 facilities are direct 
dischargers and 4,944 are indirect dischargers. EPA estimates that 
4,296 of the indirect dischargers already have permits or other control 
mechanisms (629 with concentration-based permits and 3,667 with mass-
based permits) and that 648 indirect discharging facilities will be 
required to get a permit/control mechanism for the first time.

[[Page 490]]

    EPA conducted the POTW survey of 150 POTWs to support analysis of 
the administrative burdens imposed by the proposed rule on POTWs that 
receive discharges from MP&M facilities. The questionnaire requested 
detailed information on the costs of various activities per facility 
permitted, including estimated hours required to develop and issue 
permits/control mechanisms, provide technical guidance, inspect 
facilities, conduct sampling, review compliance reports, take 
enforcement actions, and repermit facilities. The survey requested this 
information for facilities of different sizes (based on flow). In 
addition, the survey requested information on the frequency with which 
specific administrative activities are required for activities that are 
not required for every permitted facility (such as conducting a public 
hearing). EPA used the POTW survey responses to estimate a range of 
permitting labor hour burdens and costs per MP&M facility permitted, 
with separate estimates for concentration- and mass-based permits/
control mechanisms. This analysis is presented in Appendix C of the 
EEBA.
    Estimated annualized POTW administrative costs for each facility 
issued a new concentration-based control mechanism range from $236 to 
$1,890, and from $240 to $1,924 for each facility issued a new mass-
based control mechanism, with the range depending on the complexity of 
the facility being permitted. EPA applied these costs per facility to 
the estimated number of facilities requiring new control mechanisms or 
conversion of a concentration-based to a mass-based control mechanism 
each year, to estimate the total administrative cost to permitting 
authorities. (See Section XXI.B for a discussion on implementation of 
the MP&M limitations and standards.)
    EPA is requiring mass-based permits/control mechanisms only for the 
Steel Forming and Finishing subcategory. For other subcategories, 
permit writers and control authorities can determine what type of 
permit/control mechanism to issue. EPA is encouraging POTWs to 
institute mass-based limits where possible, however. (See Section 
XXII.B.) For purposes of estimating costs, EPA assumed that all Steel 
Forming and Finishing and one-third of the permits/control mechanisms 
issued in other subcategories will be mass-based.
    Table XVI-16 summarizes the estimated range of administrative costs 
that will be incurred by POTWs under the proposed rule. The estimates 
reflect the low and high estimates of permitting cost per facility, and 
take account of the need to repermit indirect dischargers with existing 
control mechanisms (e.g., permits) within the three year compliance 
period rather than on the normal five-year permitting schedule. These 
estimates are described in detail in Chapter 7 of the EEBA.

         Table XVI-16.--POTW Administrative Costs: Proposed Rule
------------------------------------------------------------------------

------------------------------------------------------------------------
Number of facilities permitted:
    Converted from existing concentration-based to                 * 223
     mass-based......................................
    Issued new concentration-based permit............              * 432
    Issued new mass-based permit.....................              * 216
    Repermitted 1-2 years earlier....................              4,073
Number of closing facilities with existing permits                   143
 not requiring repermitting under the proposed rule..
Total POTW Administrative Costs (net present value of      $1.407-$8.311
 incremental costs over 15 years) (million $1999)....
Total POTW Administrative Costs (annualized over 15       $0.115-$0.912
 years @ 7% (million $1999)..........................
------------------------------------------------------------------------
* Assumes that permitting authorities will chose to issue mass-based
  control mechanisms (e.g., permits) to \1/3\ of the facilities
  requiring new permits, and \1/3\ of the facilities with existing
  concentration-based permits, other than Steel Forming & Finishing.
  Mass-based permits are assumed for all 20 Steel Forming & Finishing
  facilities that currently have a concentration-based permit.

    Total estimated government administration costs therefore range 
from $0.1 to $0.9 million ($1999) annually. EPA expects that this 
increase in costs will be partially offset by reductions in government 
administrative costs for facilities that are already permitted under 
local limits and that will be repermitted under this rule. The 
technical guidance provided by EPA as a part of this rulemaking may 
reduce the research required by permit writers and control authorities 
in developing Best Professional Judgement (BPJ) permits/control 
mechanisms for industrial dischargers not previously covered by a 
categorical standard or a water quality standard. Further, the 
establishment of discharge standards may reduce the frequency of 
evidentiary hearings. The promulgation of limitations may also enable 
EPA and the authorized States to cover more facilities under general 
permits. EPA did not estimate these cost savings to permitting 
authorities that may result from the rule.
4. Social Cost of Unemployment
    The loss of jobs associated with facility closures represent a 
social cost of the proposed rule. The social cost of unemployment 
includes two components: the losses suffered by the workers that 
experience involuntary loss of employment, and the cost to the 
government of administering the unemployment compensation program for 
these workers.
    EPA calculated the first cost of worker dislocation based on an 
estimate of the value that workers would pay to avoid an involuntary 
job loss. The estimate of the amount that workers would pay to avoid 
job losses was derived from hedonic studies of the compensation premium 
required by workers to accept jobs with a higher probability of 
unemployment. This framework has been used in the past to impute a 
trade-off between wages and job security (Topel, 1984; Adams, 1985). 
This estimate approximates a one-time willingness-to-pay to avoid an 
involuntary episode of unemployment and reflects all monetary and non-
monetary impacts of involuntary unemployment incurred by the worker. It 
does not include any offsets to the cost of unemployment such as 
unemployment compensation or the value of increased leisure time. EPA 
estimates that workers would be willing to pay between $90,840 and 
$119,900 ($1999) to avoid a case of involuntary employment. Annualized 
over 15 years at a discount rate of 7 percent, this willingness to pay 
is between $9,974 and $13,164 per lost job. The cost associated with a 
projected loss of 5,916 jobs due to facility closures under the 
proposed rule therefore has an estimated annual social cost of $59.0 
million and $77.9 million.
    Unemployment as the result of regulation also imposes costs on 
society through the additional administrative burdens placed on the 
unemployment system. The cost of unemployment benefits themselves is 
not a social cost but instead a transfer payment within society from 
taxpayers to unemployed

[[Page 491]]

workers. Administrative costs include the cost of processing 
unemployment claims, retraining workers, and placing workers in new 
jobs. Data obtained from the Interstate Conference of Employment 
Security Agencies indicated that the cost of administering an initial 
unemployment claim over the period averaged $119 ($1999). This cost 
includes total Federal and State funding for administering unemployment 
benefit programs but excludes the value of benefits. Based on these 
data, EPA assumed that the cost of administering unemployment programs 
for job losses caused by the MP&M regulation would amount to 
approximately $120 per job loss. Multiplying this figure by estimated 
loss of 5,916 jobs due to facility closures under the proposed 
regulation yields an additional $709,920 in social costs. EPA 
annualized this value over the 15-year analysis period at the 3 percent 
social discount rate to yield an annual cost of $77,945 ($1999).
    This estimate of social costs does not take into account the 
increased production and employment at MP&M facilities that continue to 
operate under the proposed rule. These facilities are likely to gain 
business when some facilities close due to the rule. In addition, the 
analysis does not reflect the jobs created by facilities' actions to 
comply with the rule. The net effect of job losses due to facility 
closures and job gains associated with compliance activities is an 
increase of 2,575 FTE-years over 15 years. This estimate assumes that 
displaced workers remain unemployed for one year on average, and that 
all layoffs and compliance related investments occur over the first 
three years after promulgation. Table XVI-17 shows the timing of 
projected employment impacts, and the net effect on employment over 15 
years. (EPA's estimates of the employment effects of the proposed rule 
are presented in Chapter 6 of the EEBA.)

             Table XVI-17.--Estimated Direct Net Impacts on Employment Over 15 Years, Proposed Rule
                                  [Number of FTEs per year and total FTE-years]
----------------------------------------------------------------------------------------------------------------
                                                     One-time
                                                   manufacturing                                   Net change in
                      Year                              and        Annual O&M a     Closures b      employment
                                                  installation a
----------------------------------------------------------------------------------------------------------------
1...............................................           1,496              95           1,972           (381)
2...............................................           1,496             190           1,972           (286)
3...............................................           1,496             286           1,972           (190)
4...............................................  ..............             286  ..............            286
5...............................................  ..............             286  ..............            286
6...............................................  ..............             286  ..............            286
7...............................................  ..............             286  ..............            286
8...............................................  ..............             286  ..............            286
9...............................................  ..............             286  ..............            286
10..............................................  ..............             286  ..............            286
11..............................................  ..............             286  ..............            286
12..............................................  ..............             286  ..............            286
13..............................................  ..............             286  ..............            286
14..............................................  ..............             286  ..............            286
15..............................................  ..............             286  ..............            286
                                                 ---------------------------------------------------------------
    Total FTE-years over 15 years...............           4,488           4,003           5,916         2,575
----------------------------------------------------------------------------------------------------------------
a Assumes that one-third of facilities come into compliance in each of 3 years.
b Assumes that one-third of the facilities projected to close do so in each of the first 3 years.

    EPA calculated a range of social costs of changes in employment 
under the proposed rule, with the lower bound reflecting no net loss of 
employment and the upper bound considering only the 5,916 job losses 
resulting from closures. The social costs associated with unemployment 
were therefore estimated to range from zero to $78.0 million, including 
an upper-bound $77.9 million in worker's willingness to pay to avoid 
involuntary unemployment and less than $0.1 million in the additional 
costs of administering unemployment benefits. The estimated upper-bound 
employment-related social cost is likely to be substantially 
overstated, since it does not consider the social value of net 
increases in employment due to compliance activities and the increases 
in production that may occur at MP&M facilities that continue to 
operate post-compliance.
5. Total Social Costs
    Summing across all social costs results in a total social cost 
estimate of $2.0 to $2.1 billion annually ($1999), as shown in Table 
XVI-18. This estimate represents an upper bound value of social costs, 
since it assumes that all facilities remain open and incur compliance 
costs rather than closing in some cases. This assumption is made only 
to calculate the resource value of compliance expenditures; closures 
are considered in calculating the social cost of unemployment.

         Table XVI-18.--Annual Social Costs of the Proposed Rule
                    [Million $1999, annualized @ 7%]
------------------------------------------------------------------------
                                               Lower bound   Upper bound
            Social cost category                estimate      estimate
------------------------------------------------------------------------
Resource Value of Compliance Costs (before-
 tax).......................................            $2,033.7
                                             ---------------------------
Government Administrative Costs.............          $0.1          $0.9
Social Costs of Unemployment................           0           $78.0

[[Page 492]]


Total Social Costs..........................      $2,033.8      $2,122.6
------------------------------------------------------------------------

XVII. Cost-Effectiveness Analysis

A. Methodology

    EPA performed a cost-effectiveness analysis of the alternative 
regulatory options for indirect dischargers (PSES) and direct 
dischargers (BAT). Cost-effectiveness analysis is used in the 
development of effluent limitations guidelines to evaluate the relative 
efficiency of alternative regulatory options in removing toxic 
pollutants from the effluent discharges to the nation's waters.
    The cost-effectiveness of a regulatory option is defined as the 
incremental annual cost (in 1981 constant dollars) per incremental 
toxic-weighted pollutant removals for that option. This definition 
includes the following concepts:
     Toxic-weighted removals. Pollutants differ in their 
toxicity. Therefore, the estimated reductions in pollution discharges, 
or pollutant removals, are adjusted for toxicity by multiplying the 
estimated removal quantity for each pollutant by a normalizing toxic 
weight (Toxic Weighting Factors). The toxic weight for each pollutant 
measures its toxicity relative to copper, with more toxic pollutants 
having higher toxic weights. The use of toxic weights allows the 
removals of different pollutants to be expressed on a constant toxicity 
basis as toxic pound-equivalents (lb-eq). The removal quantities for 
the different pollutants may then be summed to yield an aggregate 
measure of the reduction in toxicity-normalized pollutant discharges 
that is achieved by a regulatory option. The cost-effectiveness 
analysis does not address the removal of conventional pollutants (oil 
and grease, biochemical oxygen demand, and total suspended solids), nor 
does it address the removal of bulk parameters, such as COD.
     Annual costs. The costs used in the cost-effectiveness 
analysis are the estimated annualized before-tax costs to comply with 
the alternative regulatory options. The cost to facilities to remove 
these pollutants will be less because the costs are tax deductible. The 
annual costs include the annual expenses for operating and maintaining 
compliance equipment, meeting monitoring requirements, and some 
pollution prevention activities. Annualized components include capital 
outlays for treatment systems.
     Incremental calculations. The incremental values are the 
changes in total annual compliance costs and changes in removals from 
the next less stringent option, or from the baseline if there is no 
less stringent option, where regulatory options are ranked by 
increasing levels of toxic-weighted removals. The resulting cost-
effectiveness values for a given option are therefore expressed 
relative to another option or, for the least stringent option 
considered, relative to the baseline.
    The result of the cost-effectiveness calculation represents the 
unit cost of removing the next pound-equivalent of pollutants and is 
expressed in constant 1981 dollars per toxic pound-equivalent removed 
($/lb-eq) to allow comparisons with other options being considered. 
Although not required by the Clean Water Act, cost-effectiveness 
analysis is a useful tool for evaluating regulatory options that 
address toxic pollutants.
    EPA performed the cost-effectiveness analysis for the MP&M 
regulation separately for indirect dischargers (subject to PSES) and 
direct dischargers (subject to BAT). The following sections summarize 
the results for the two classes of facilities. EPA notes that for all 
subcategories, it is proposing options only BPT or is setting BAT equal 
to BPT, as there is no additional technology used at BAT. The Agency 
does not use C-E analysis to assess options for BPT. Therefore, the C-E 
analysis for direct dischargers is presented only for informational 
purposes. See Section IX for a discussion of BPT cost-reasonableness.

B. Cost-Effectiveness Analysis for Indirect Dischargers

    Table XVII-1 summarizes the cost-effectiveness analysis for the 
PSES regulatory options applicable to indirect dischargers. Annual 
compliance costs are shown in 1999 dollars and also in 1981 dollars. 
The regulatory options are listed in order of increasing stringency on 
the basis of the estimated toxic-weighted pollutant removals. Estimates 
of costs and pollutant removals do not include facilities that close in 
the baseline. (See Section XVI.B.4 for a discussion on the baseline 
closure analysis.)

                                               Table XVII-1.--Cost-Effectiveness for Indirect Dischargers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Annual before-tax compliance costs (excluding    Weighted pollutant removals
                                                                       regulatory closures)              --------------------------------      Cost-
                                                         ------------------------------------------------                                  effectiveness
                    Regulatory option                       Total  cost     Total  cost     Incremental        Total        Incremental    ratio ($1981/
                                                             (million        (million      cost (million   removals (000   removals (000      lb-eq)
                                                              $1999)          $1981)          $1981)          lbs-eq)         lbs-eq)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed Option.........................................         1,730.1         1,009.2         1,009.2         9,372.3         9,372.3             108
Option 2/6/10...........................................         2,421.9         1,412.8           403.6         9,755.5           383.2           1,053
Option 4/8..............................................         3,795.1         2,213.8           801.0         9,936.9           181.4           4,416
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As shown in Table XVII-1, the proposed option removes 9.4 million 
toxic-weighted pounds. The proposed option is the least stringent of 
those considered, and the incremental and average cost-effectiveness is 
$108 per pound-equivalent removed.
    Option 2/6/10 would remove an additional 0.4 million toxic weighted 
pounds, at an incremental cost of $0.38 billion ($1981), for an 
incremental cost-effectiveness ratio of $1,053 per pound-equivalent 
removed. The differences between the proposed option and Option 2/6/10 
for indirect dischargers

[[Page 493]]

include the proposed option's one million gallon per year cutoff for 
the General Metals subcategory, two million gallon per year cutoff for 
the Oily Wastes subcategory, and exclusion of new pretreatment 
standards for the Non-Chromium Anodizing, Railroad Line Maintenance and 
Shipbuilding Dry Dock subcategories. These provisions of the proposed 
rule reduce before-tax compliance costs by 40 percent compared with 
Option 2/6/10, while losing 4 percent of the pound-equivalents removed. 
EPA discussed the rationale for the selected flow cutoffs for each 
subcategory in Section XII of today's proposal.
    Option 4/8 would remove an additional 0.18 million pound-
equivalents, as compared with Option 2/6/10, at an additional cost of 
$0.8 billion ($1981), or $4,416 per pound-equivalent.
    Table XVII-2 presents the results of the cost-effectiveness 
analysis for indirect dischargers by subcategory.

                    Table XVII-2.--Cost-Effectiveness for Indirect Dischargers by Subcategory
----------------------------------------------------------------------------------------------------------------
                                                                    Incremental
                                                                    before-tax      Incremental        Cost-
                Subcategory and regulatory option                   compliance    removals (lbs-   effectiveness
                                                                   cost (million        eq)       ratio  ($1981/
                                                                      $1981)                          lb-eq)
----------------------------------------------------------------------------------------------------------------
                                              Printed Wiring Boards
----------------------------------------------------------------------------------------------------------------
Proposed Option.................................................           81.17       1,195,260              68
Option 2/6/10...................................................  ..............  ..............  ..............
Option 4/8......................................................           40.87           8,010           5,103
----------------------------------------------------------------------------------------------------------------
                                            Metal Finishing Job Shops
----------------------------------------------------------------------------------------------------------------
Proposed Option.................................................           68.82       1,766,063              39
Option 2/6/10...................................................  ..............  ..............  ..............
Option 4/8......................................................           26.54          62,554             424
----------------------------------------------------------------------------------------------------------------
                                                 General Metals
----------------------------------------------------------------------------------------------------------------
Proposed Option.................................................          844.52       6,216,887             136
Option 2/6/10...................................................          279.12         318,594             876
Option 4/8......................................................          487.21         103,514           4,707
----------------------------------------------------------------------------------------------------------------
                                             Non-Chromium Anodizing
----------------------------------------------------------------------------------------------------------------
Proposed Option.................................................  ..............  ..............  ..............
Option 2/6/10...................................................           15.23          13,598           1,120
Option 4/8......................................................            7.27             434          16,756
----------------------------------------------------------------------------------------------------------------
                                                   Oily Wastes
----------------------------------------------------------------------------------------------------------------
Proposed Option.................................................            2.52          14,140             178
Option 2/6/10...................................................          109.04          51,008           2,138
Option 4/8......................................................          232.35           5,885          39,484
----------------------------------------------------------------------------------------------------------------
                                            Railroad Line Maintenance
----------------------------------------------------------------------------------------------------------------
Proposed Option.................................................  ..............  ..............  ..............
Option 2/6/10...................................................            0.15              17           8,560
Option 4/8......................................................            0.13             132             995
----------------------------------------------------------------------------------------------------------------
                                              Shipbuilding Dry Dock
----------------------------------------------------------------------------------------------------------------
Proposed Option.................................................  ..............  ..............  ..............
Option 2/6/10...................................................            0.10               0         767,794
Option 4/8......................................................            0.00              26               0
----------------------------------------------------------------------------------------------------------------
                                           Steel Forming and Finishing
----------------------------------------------------------------------------------------------------------------
Proposed Option.................................................           12.19         179,900              68
Option 2/6/10...................................................  ..............  ..............  ..............
Option 4/8......................................................            6.63             865           7,659
----------------------------------------------------------------------------------------------------------------

    The proposed option for indirect dischargers in the Printed Wiring 
Board, Metal Finishing Job Shops, and Steel Forming and Finishing 
subcategories is the same as Option 2/6/10. The proposed option 
includes a flow cutoff of one million and two million gallons per year 
for General Metals and Oily Wastes, respectively. Therefore, there are 
no proposed pretreatment standards for all indirect dischargers that 
fall below those cutoffs. There are also no proposed pretreatment 
standards for indirect dischargers in the Non-Chromium Anodizing, 
Railroad Line Maintenance and Shipbuilding Dry Dock subcategories. In 
developing regulatory options for indirect dischargers, EPA considered 
a range of possible exclusions from 1 mgy to 6.25 mgy for all 
subcategories. Information of

[[Page 494]]

the cost-effectiveness for each regulatory option under each flow 
cutoff by subcategory can be found in ``Analysis of Cost-Effectiveness 
by Flow Category'', which is available in the rulemaking docket.

C. Cost-Effectiveness Analysis for Direct Dischargers

    Table XVII-3 summarizes the cost-effectiveness analysis for the BAT 
regulatory options applicable to direct dischargers and Table XVII-4 
presents the analysis by subcategory. As before, regulatory options are 
ranked in order of increasing stringency.

                                                Table XVII-3.--Cost Effectiveness For Direct Dischargers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Annual before-tax compliance costs (excluding    Weighted pollutant removals
                                                                       regulatory closures)              --------------------------------      Cost-
                                                         ------------------------------------------------                                  effectiveness
                    Regulatory option                       Total  cost     Total  cost     Incremental        Total        Incremental    ratio ($1981/
                                                             (million        (million      cost (million   removals (000   removals (000      lb-eq)
                                                              $1999)          $1981)          $1981)          lbs-eq)         lbs-eq)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed Option.........................................           245.8           143.4           143.4        $1,333.6         1,333.6             107
Option 2/6/10...........................................           245.8           143.4             0.0         1,333.6             0.0  ..............
Option 4/8..............................................           381.6           222.6            79.2          1366.7            33.1           2,391
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The proposed BAT option for direct dischargers achieves removal of 
1.3 million pounds on a toxic-weighted basis, with a cost-effectiveness 
of $107 ($1981). Because the only differences between Option 2/6/10 and 
the proposed option occur for indirects (i.e. flow cutoffs and no 
regulation options), Option 2/6/10 is the same as the proposed option 
for direct dischargers.
    Option 4/8 would remove an additional 33,000 pound-equivalents, as 
compared with the proposed option, at an additional cost of $80 million 
($1981), or $2,391 per pound-equivalent.
    Table XVII-4 presents the results of the cost-effectiveness 
analysis for direct dischargers by subcategory.

                     Table XVII-4.--Cost-Effectiveness for Direct Dischargers by Subcategory
----------------------------------------------------------------------------------------------------------------
                                                                    Incremental
                                                                    before-tax      Incremental        Cost-
                Subcategory and regulatory option                   compliance    removals  (lbs-  effectiveness
                                                                  cost  (million        eq)       ratio  ($1981/
                                                                      $1981)                          lb-eq)
----------------------------------------------------------------------------------------------------------------
                                              Printed Wiring Boards
----------------------------------------------------------------------------------------------------------------
Proposed Option.................................................            1.42          64,573              22
Option 2/6/10...................................................  ..............  ..............  ..............
Option 4/8......................................................            1.14           2,270             501
----------------------------------------------------------------------------------------------------------------
                                            Metal Finishing Job Shops
----------------------------------------------------------------------------------------------------------------
Proposed Option.................................................            0.69          14,194              49
Option 2/6/10...................................................  ..............  ..............  ..............
Option 4/8......................................................            0.52             265           1,968
----------------------------------------------------------------------------------------------------------------
                                                 General Metals
----------------------------------------------------------------------------------------------------------------
Proposed Option.................................................          114.54         899,372             127
Option 2/6/10...................................................  ..............  ..............  ..............
Option 4/8......................................................           52.20          21,620           2,414
----------------------------------------------------------------------------------------------------------------
                                            Non-Chromium Anodizing *
----------------------------------------------------------------------------------------------------------------
Proposed Option.................................................              NA              NA  ..............
Option 2/6/10...................................................              NA              NA  ..............
Option 4/8......................................................              NA              NA  ..............
----------------------------------------------------------------------------------------------------------------
                                                   Oily Wastes
----------------------------------------------------------------------------------------------------------------
Option 4/8......................................................              **              **              **
Proposed Option.................................................            6.42          16,069             399
Option 2/6/10...................................................            0.00               0  ..............
----------------------------------------------------------------------------------------------------------------
                                            Railroad Line Maintenance
----------------------------------------------------------------------------------------------------------------
Proposed Option.................................................            0.67             174           3,831
Option 2/6/10...................................................  ..............  ..............  ..............
Option 4/8......................................................            0.05              23           2,181
----------------------------------------------------------------------------------------------------------------
                                              Shipbuilding Dry Dock
----------------------------------------------------------------------------------------------------------------
Proposed Option.................................................            1.24             111          11,179

[[Page 495]]


Option 2/6/10...................................................  ..............  ..............  ..............
Option 4/8......................................................       *** -0.91         *** 335      *** -2,728
----------------------------------------------------------------------------------------------------------------
                                         Steeling Forming and Finishing
----------------------------------------------------------------------------------------------------------------
Proposed Option.................................................           18.39         339,147              54
Option 2/6/10...................................................  ..............  ..............  ..............
Option 4/8......................................................            1.28           8,977            143
----------------------------------------------------------------------------------------------------------------
* EPA estimates that there are no direct discharging Non-Chromium Anodizing facilities.
** Option 4/8 removes 15,703 lbs equivalent at a cost of $31.34 million. The proposed option removes more lbs
  equivalent at a lower cost. The proposed option therefore dominates Option 4/8, and results are not shown here
  for Option 4/8.
*** Option 4/8 removes more lb-eq. than the proposed option at a lower cost. See Section XVII-D for a discussion
  of the impacts of the proposed option on conventional pollutant removals. Option 4/8 removes 446 lbs-
  equivalent at a cost of $0.33 million at an average cost-effectiveness incremental to baseline of $740/lb-eq.

    The proposed option is more stringent than Option 4/8 for the Oily 
Wastes subcategory, in that it removes more toxic-weighted pounds of 
pollutants and costs less than Option 4/8. It therefore dominates 
Option 4/8 from the perspective of toxic pollutant removals, and has an 
average cost per pound-equivalent removed of $399 ($1981). Again, EPA 
is proposing options only for BPT or is setting BAT equal to BPT for 
all subcategories, as there is no additional technology used at BAT. 
The Agency does not use C-E analysis to assess options for BPT. 
Therefore, the C-E analysis for direct dischargers is presented only 
for informational purposes.
    Table XVII-4 shows a high cost-effectiveness for the Railroad Line 
Maintenance and the Shipbuilding Dry Dock subcategories. EPA is not 
proposing BAT limitations for these subcategories because of the small 
quantities of toxic pollutants in the wastewater from facilities in 
these subcategories. (See Section XI.) However, EPA is proposing BPT 
limitations for these subcategories in order to control the discharge 
of conventional pollutants. See Section IX for a discussion of BPT 
options selection and the results of the BPT cost-reasonableness 
analysis.

XVIII. Non-Water Quality Environmental Impacts

    Sections 304(b) and 306 of the Act require EPA to consider non-
water quality environmental impacts (including energy requirements) 
associated with effluent limitations guidelines and standards. In 
accordance with these requirements, EPA has considered the potential 
impact of the proposed regulation on energy consumption, air emissions, 
and solid waste generation.
    While it is difficult to balance environmental impacts across all 
media and energy use, the Agency has determined that the impacts 
identified below are justified by the benefits associated with 
compliance with the limitations and standards (see Sections XIX and XX 
for a discussion on the environmental benefits associated with this 
proposed regulation).

A. Air Pollution

    The Agency believes that the in-process and end-of-pipe 
technologies included in the technology options for this regulation do 
not generate air emissions. (See Section VIII for a discussion of the 
technology options.)
    The use of halogenated hazardous air pollutant solvent (methylene 
chloride, perchloroethylene, trichloroethylene, 1,1,1 trichloroethane, 
carbon tetrachloride and chloroform) for cleaning in the MP&M industry 
can create hazardous air pollutant emissions. The Agency believes this 
regulation will not affect the use of halogenated hazardous air 
pollutant solvent in the MP&M industry. This regulation neither 
requires nor discourages the use of aqueous cleaners in lieu of 
halogenated hazardous air pollutant solvent.
    The Agency is developing National Emission Standards for Hazardous 
Air Pollutants (NESHAPs) under section 112 of the Clean Air Act (CAA) 
to address air emissions of the hazardous air pollutants (HAPs) listed 
in Title III of the CAA Amendments of 1990. Below, EPA lists the 
current and upcoming NESHAPs that may potentially affect HAP emitting 
activities at MP&M facilities:
     Chromium Emissions from Hard and Decorative Chromium 
Electroplating and Chromium Anodizing Tanks;
     Halogenated Solvent Cleaning;
     Aerospace Manufacturing;
     Shipbuilding and ship repair (Surface Coating);
     Large appliances (Surface Coating);
     Metal Furniture (Surface Coating);
     Automobile and light-duty truck manufacturing (Surface 
Coating); and
     Miscellaneous Metal Parts and Products (Surface Coating).

B. Solid Waste

    Solid waste generation includes hazardous and nonhazardous 
wastewater treatment sludge as well as waste oil removed in wastewater 
treatment. EPA estimates that compliance with this regulation will 
result in a decrease in wastewater treatment sludge and an increase in 
waste oil generated at MP&M facilities.
    According to EPA's detailed questionnaires, the Agency estimates 
that MP&M facilities generate 267 million gallons (4 million cubic 
yards) of wastewater treatment sludge and 805 million gallons of waste 
oil from the treatment of wastewater. In Table XVIII.B-1, EPA presents 
the amount of wastewater treatment sludge and waste oil expected to be 
generated at the selected technology option. The table also shows the 
amount of wastewater treatment sludge and waste oil that would be 
generated by the selected technology option if EPA had not included 
pollution prevention as part of its selected technology option.

[[Page 496]]



  Table XVIII.B-1.--Waste Treatment Sludge and Oil Generation by Option
------------------------------------------------------------------------
                                                 Wastewater
                                                 treatment    Waste oil
                                                   sludge     generated
                    Option                       generated     (million
                                                  (million     gallons/
                                                  gallons/      year)
                                                   year)
------------------------------------------------------------------------
Baseline\1\...................................          267          805
Proposed Options without water conservation             207        2,000
 and P2.......................................
Proposed Options with water conservation and            206       1,600
 P2...........................................
------------------------------------------------------------------------
Source: U.S. Environmental Protection Agency.
\1\ EPA calculated the baseline sludge and waste oil generation using
  responses to the 1989 MP&M Phase I Questionnaire and the 1996 MP&M
  Phase II Detailed Questionnaires.

    As shown in Table XVII.B-1, wastewater treatment sludge generation 
decreased from baseline to the selected option without in-process flow 
control. EPA attributes the net decrease to the fact that this option 
includes sludge dewatering, which may result in a significant decrease 
in sludge generation for sites that have chemical precipitation and 
settling technologies without sludge dewatering in place at baseline. 
The Agency did not estimate additional sludge reduction at facilities 
which already have sludge dewatering in place at baseline. EPA does 
expect an increase of sludge production at MP&M facilities which do not 
have treatment in place and must install treatment as a result of the 
MP&M rule.
    Table XVIII.B-1 shows that the water conservation and pollution 
prevention technologies included in the proposed options further reduce 
the amount of sludge generated. EPA expects these technologies to 
result in sludge reduction for the following reasons:
--Recycling of coolants and recycling of paint curtains reduce the mass 
of pollutants in treatment system influent streams, which in turn 
reduces the amount of sludge generated during metals removal;
--Bath maintenance practices, including good operational practices 
regarding drag out in plating processes, included in the proposed 
options, reduce the mass of metal pollutants discharged to treatment, 
which in turn reduces the amount of sludge generated during metals 
removal; and
--Water conservation technologies included in the proposed options 
reduces the discharge mass of metals present in the source water to a 
site (e.g., calcium, sodium), which in turn reduces the amount of 
sludge generated during removal of these metals.
    EPA classifies many of the sludges generated at MP&M facilities as 
either a listed or characteristic hazardous waste under the Resource 
Conservation and Recovery Act (RCRA) based on the following 
information:
--If the facility performs electroplating operations, EPA classifies 
the resulting sludge as an EPA hazardous waste number F006 (40 CFR 
261.31). If the facility mixes the wastewater from these electroplating 
operations with other non-electroplating wastewater for treatment, then 
EPA still considers all of the sludge generated from the treatment of 
this commingled wastestream to be a listed hazardous waste F006, or
--If the sludge or waste oil from wastewater treatment exceeds the 
standards for the Toxicity Characteristic (i.e., is hazardous), or 
exhibits other RCRA-defined hazardous characteristics (i.e., reactive, 
corrosive, or flammable), EPA considers it a characteristic hazardous 
waste (40 CFR 261.24.)
    It is also important to note that EPA does not include chemical 
conversion coating, electroless plating, and printing circuit board 
manufacturing under the F006 listing (51 FR 43351, December 2, 1986). 
And if the facility performs certain chemical conversion coating 
operations on aluminum, EPA classifies the resulting sludge as EPA 
hazardous waste number F019.
    Additional federal, state, and local regulations may result in MP&M 
sludges being classified as hazardous wastes. Facilities should check 
with the applicable authorized (State or EPA Regional) authority to 
determine if other regulations apply.
    Based on information collected during site visits and sampling 
episodes, the Agency believes that some of the solid waste generated 
would not be classified as hazardous. However, for purposes of 
compliance cost estimation, the Agency assumed that all solid waste 
generated as a result of the technology options would be hazardous.
    As stated above in Section XV, EPA expects that the rule will 
reduce metal contaminants in the sludges generated by POTWs and will 
allow POTWs to dispense of the lower metal content sludge by more 
environmentally beneficial methods.
    EPA attributes the increase in waste oil generation from baseline 
to the proposed option to the removal of oil from MP&M wastewater prior 
to discharge to POTWs or surface waters. MP&M facilities usually either 
recycle waste oil on site or off site, or contract haul it for disposal 
as either a hazardous or nonhazardous waste. The estimated increase of 
waste oil generation as a result of the MP&M proposed rule reflects a 
better removal of oil and grease by the proposed technology options 
than that being achieved at baseline and does not reflect an increase 
in overall oil generation at MP&M facilities. For the purpose of 
compliance cost estimation, EPA assumed that all MP&M facilities 
contract hauled waste oil for disposal; however, EPA expects that some 
facilities may recycle waste oil either on site or off site.
    Table XVIII.B-1 shows that the inclusion of water conservation and 
pollution prevention in the proposed option results in the generation 
of less waste oil. EPA attributes this decrease in waste oil generation 
to the 80 percent reduction of coolant discharge using the recycling 
technology included in the proposed technology train. This system 
recovers and recycles oil-bearing machining coolants at the source, 
reducing the generation of spent coolant.

C. Energy Requirements

    EPA estimates that compliance with this regulation will result in a 
net increase in energy consumption at MP&M facilities. EPA presents the 
estimates of increased energy usage for the selected option in Table 
XVIII.C-1. The table also shows the amount of energy that would be 
required by the selected technology option if EPA had not included 
pollution prevention as part of its selected technology option. The in-
process flow control and recycling technologies included in

[[Page 497]]

EPA's proposed options reduce the amount of water use and in doing so 
also require energy. Therefore, the amount of energy required for the 
selected option incorporating pollution prevention and water 
conservation was slightly greater than the proposed option without 
pollution prevention and water conservation techniques.

             Table XVIII.C-1.--Energy Requirements by Option
------------------------------------------------------------------------
                                                                Energy
                                                               required
                           Option                              (million
                                                               kilowatt
                                                               hrs/yr)
------------------------------------------------------------------------
Baseline \1\...............................................          248
Proposed Options without water conservation and P2.........          347
Proposed Options without water conservation and P2.........         364
------------------------------------------------------------------------
Source: U.S. Environmental Protection Agency.
\1\ EPA calculated the baseline sludge and waste oil generation using
  responses to the 1989 MP&M Phase I Questionnaire and the 1996 MP&M
  Phase II Detailed Questionnaires.

    By comparison, electric power generation facilities generated 3,123 
billion kilowatt hours of electric power in the United States in 1997 
(The Energy Information Administration, Electric Power Annual 1998 
Volume 1, Table A1). Additional energy requirements for EPA's proposed 
options correspond to approximately 0.01 percent of national 
requirements. The increase in energy requirements due to the 
implementation of MP&M technologies will in turn cause an air emissions 
impact from the electric power generation facilities. The increase in 
air emissions is expected to be proportional to the increase in energy 
requirements or approximately 0.01 percent.

             Table XVIII.C-1.--Energy Requirements by Option
------------------------------------------------------------------------
                                                                Energy
                                                               required
                           Option                              (million
                                                               kilowatt
                                                               hrs/yr)
------------------------------------------------------------------------
Baseline \1\...............................................          248
Proposed Options without water conservation and P2.........          347
Proposed Options without water conservation and P2.........         364
------------------------------------------------------------------------
Source: U.S. Environmental Protection Agency.
\1\ EPA calculated the baseline sludge and waste oil generation using
  responses to the 1989 MP&M Phase I Questionnaire and the 1996 MP&M
  Phase II Detailed Questionnaires.

    By comparison, electric power generation facilities generated 3123 
billion kilowatt hours of electric power in the United States in 1997 
(The Energy Information Administration, Electric Power Annual 1998 
Volume 1, Table A1). Additional energy requirements for EPA's proposed 
options correspond to approximately 0.01 percent of national 
requirements. The increase in energy requirements due to the 
implementation of MP&M technologies will in turn cause an air emissions 
impact from the electric power generation facilities. The increase in 
air emissions is expected to be proportional to the increase in energy 
requirements or approximately 0.01 percent.

XIX. Water Quality, Sewage Sludge, and Other Environmental Impacts

A. Introduction

    MP&M facilities nationwide currently discharge an estimated 5,025 
million pounds of pollutants per year to publicly-owned treatment works 
(POTWs) and approximately 410 million pounds of pollutants directly to 
surface waters. MP&M facility effluents contain 42 priority or toxic 
pollutants, 86 nonconventional pollutants, and three conventional 
pollutants (biological oxygen demand (BOD), total suspended solids 
(TSS), and oil and grease (O&G)).
    The release of these pollutants to our nation's surface water 
degrades aquatic environments, alters aquatic habitats, and affects the 
diversity and abundance of aquatic life. It can also increase the risks 
to the health of humans who ingest contaminated surface waters or eat 
contaminated fish and shellfish. A number of the pollutants commonly 
found in MP&M effluents also inhibit biological wastewater treatment 
systems or accumulate in sewage sludge.
    Metals are a particular concern because of their prevalence in MP&M 
effluents. Metals are inorganic compounds that are generally non-
volatile (with the notable exception of mercury) and are not broken 
down by biodegradation processes. Metals can accumulate in biological 
tissues, sequester into POTW sewage sludge, and contaminate soils and 
sediments when released to the environment. Some metals are quite toxic 
even when present at relatively low levels.
    Of the 131 MP&M pollutants of concern for which loadings were 
estimated, 35 exhibit moderate to high toxicity to aquatic life; 77 are 
human non-cancer toxicants; 13 are classified as known or probable 
human carcinogens; 46 bioaccumulate in aquatic organisms and persist in 
the environment, and 35 are hazardous air pollutants (HAPs). HAPs are 
compounds which EPA believes may represent an unacceptable risk to 
human health if present in the air.

B. Beneficial Impacts of the MP&M Proposed Rule

    Changes under the proposed rule include:
     Water quality changes;
     Reduced aquatic life impacts;
     Reduced POTW inhibitions;
     Reduced costs for sewage sludge disposal; and
     Reduced human health impacts.
    The first three changes due to the proposed rule are discussed in 
this section, and the last two are discussed in Section XX. EPA 
estimated these changes for three options. This section presents 
results for the proposed option, Option 2/6/10 and Option 4/8. See 
Section VIII for a description of the options. Results are discussed 
for only the proposed option, however, to reduce the length of the 
document. Benefits were not estimated for Options 1, 3, 5, 7, and 9 
(options without pollution prevention) because these options remove 
fewer pollutants and cost more than Option 2/6/10 and Option 4/8.
1. Water Quality Changes
    EPA estimates that the proposed rule would substantially reduce 
pollutant discharges to the waters of the U.S. as shown by the loadings 
estimates in Table XIX-1 for five categories of pollutants. The 
regulation would result in total pollutant removals of 3,872 million 
pounds per year. These removals include a 30 million pound per-year 
reduction in eight sewage sludge contaminants and a 703 million pound 
per-year reduction in 89 pollutants causing inhibition of biological 
activity of sewage sludge. The regulation would reduce discharges of 35 
HAPs by about one million pounds per-year. Discharges of pollutants 
that are known to be related to adverse acute and chronic effects on 
aquatic life would be reduced by 823 and 1,035 million pounds per year, 
respectively. These reductions result from increased wastewater 
treatment, pollution prevention, and regulatory closures. EPA estimated 
impacts of MP&M discharges on the quality of receiving waters using a 
model of the in-stream pollutant mixing and dilution process. A first 
order pollutant degradation model was used in the analysis of source 
water concentrations at the drinking water intake points. This model 
estimates in-stream concentrations for the initial discharge reach 
(i.e., waterway) and for downstream reaches, taking into account 
dilution, adsorption, volatilization, and hydrolysis.
    This analysis uses discharge information from 885 sample MP&M

[[Page 498]]

facilities (excluding two sample facilities in Puerto Rico) that 
discharge directly or indirectly to 627 receiving waterways (544 
rivers/streams, 55 bays/estuaries, and 28 lakes). Four of the 55 marine 
reaches were excluded from the in-stream water quality analysis due to 
data limitations.
    EPA extrapolated the environmental assessment results for the 
sample facilities to the entire population of MP&M facilities 
nationwide. This extrapolation uses sample facility weights developed 
as part of the sampling plan. For additional information on sample 
weights see the Statistical Summary for the Metal Products & Machinery 
Industry Surveys in the Administrative record for today's rule.
    EPA evaluated the national environmental impacts of reducing 
pollutant discharges from MP&M facilities to the nation's waterbodies 
for the proposed rule and for two alternative regulatory options. EPA 
considered only pollutant loadings from MP&M facilities to particular 
waterbodies and did not take background loadings from other sources 
into account, with one exception. The analysis of sewage sludge 
(biosolids) quality took background metal loadings into account. EPA 
used information from the POTW survey to estimate total metal loadings 
to a POTW of a given size (i.e., small, medium, and large). See Section 
V.B for a description of the POTW survey. This estimate was based on 
the average number of small, medium, and large MP&M facilities 
discharging to a POTW in each size category and the percent 
contribution of total metal loadings discharged from MP&M facilities.
2. Reduced POTW Impacts
    EPA evaluated whether MP&M pollutants may interfere with publicly-
owned treatment works (POTWs). Pollutants may impair POTW treatment 
effectiveness by inhibiting the biological activity of activated 
sludge. POTW inhibition and sludge values come from guidance published 
by EPA and other sources. The Agency also evaluated the reduced costs 
for managing and disposing of sewage sludge containing fewer pollutants 
or lower concentrations of pollutants. This is discussed in Section 
XX.D of today's proposal.
    EPA estimated inhibition of POTW operations by comparing predicted 
POTW influent concentrations to available inhibition levels for 89 
pollutants. At baseline discharge levels, EPA estimates that 
concentrations of 18 pollutants discharged from MP&M facilities exceed 
biological inhibition criteria at 515 POTWs nationwide. The proposed 
regulation would eliminate potential inhibition problems at 306 POTWs 
and reduce occurrence of pollutant concentrations in excess of 
inhibition criteria at 82 POTWs. POTWs may impose local limits to 
prevent inhibitions. If local limits are in place, the estimated 
reduction in potential inhibition problems at the affected POTWs is 
overstated. In this case, however, the estimated social cost of the 
MP&M regulation is also overstated.
3. Reduced Aquatic Life Impacts
    EPA assessed the effect of baseline and post-compliance MP&M 
facility discharges on affected waterways by estimating the cases in 
which in-waterway pollutant concentrations resulting from those 
discharges would exceed recommended acute and chronic Ambient Water 
Quality Criteria (AWQC) that protect aquatic life. Acute toxicity 
assesses the impacts of a pollutant from relatively short exposures, 
typically 48 and 96 hours for invertebrates and fish, respectively. 
Mortality is the endpoint of concern. Chronic toxicity assesses the 
impact of a pollutant after a longer exposure, typically from one week 
to several months. The endpoints of concern are one or more sublethal 
responses, such as changes in reproduction or growth in the affected 
organisms. Pollutant concentrations in excess of acute and chronic AWQC 
values indicate potential impacts to aquatic life.
    The analysis compared baseline and post-compliance exceedences of 
aquatic life AWQC to determine the effects of the rule. These 
exceedences were modeled based on the estimated discharges from MP&M 
facilities and 7Q10 stream flow rates (7Q10 refers to the lowest 
consecutive seven day average with a recurrence interval of 10 years). 
Results show that baseline pollutant concentrations exceed acute AWQC 
in 878 reaches and chronic AWQC in 2,466 reaches nationally at baseline 
discharge levels. EPA estimates that the proposed option will eliminate 
concentrations in excess of acute and chronic criteria in 775 and 1,029 
reaches, respectively. Results also show that an additional 903 
receiving reaches will experience partial water quality improvements 
from reduced occurrence of some pollutant concentrations in excess of 
acute and/or chronic AWQC limits for protection of aquatic life.

                          Table XIX.1.--National Estimates of MP&M Facility Discharges
----------------------------------------------------------------------------------------------------------------
                                                 MP&M discharges with potential  POTW        MP&M discharges
                                                               impacts                     exhibiting toxicity
                                              -----------------------------------------       Aquatic Life
                   Category                     Activated                              -------------------------
                                                  sludge      Biosolids        HAP
                                                inhibition  contaminants                   Acute       Chronic
----------------------------------------------------------------------------------------------------------------
                                                Baseline Loadings
----------------------------------------------------------------------------------------------------------------
Number of Pollutants.........................           89          8            35             107          116
Million lbs/yr...............................        1,031         31.7           2.1         1,252        1,759
----------------------------------------------------------------------------------------------------------------
                                       Remaining With the Proposed Option
----------------------------------------------------------------------------------------------------------------
Million lbs/yr...............................          328          1.61          1.11          430          723
----------------------------------------------------------------------------------------------------------------
                                          Remaining With Option 2/6/10
----------------------------------------------------------------------------------------------------------------
Million lbs/yr...............................          266          0.54          0.89          364          647
----------------------------------------------------------------------------------------------------------------
                                            Remaining With Option 4/8
----------------------------------------------------------------------------------------------------------------
Million lbs/yr...............................          484          0.43          1.05          595          895
----------------------------------------------------------------------------------------------------------------


[[Page 499]]


                  Table XIX-2.--National Estimates of MP&M Pollutants, Exceedences & Reductions
----------------------------------------------------------------------------------------------------------------
                                                                             Proposed   Option  2/6/
                                                                Baseline      option         10      Option  4/8
----------------------------------------------------------------------------------------------------------------
                                                  POTW Impacts
----------------------------------------------------------------------------------------------------------------
Number of POTWs with Inhibition Problems (18 pollutants >             515          209          123          123
 inhibition criteria).......................................
Biosolids Contamination (8 pollutants):
    Number of POTWs.........................................        6,953        6,889        5,575        5,575
    Non-qualifying Sewage Sludge (mill. of dry metric tons).         53.7         52.5         47.6         47.6
----------------------------------------------------------------------------------------------------------------
                                             Receiving Water Impacts
----------------------------------------------------------------------------------------------------------------
                              Number of Streams with Human Health AWQC Exceedences
----------------------------------------------------------------------------------------------------------------
Number of pollutants:
----------------------------------------------------------------------------------------------------------------
    Water and organisms a...................................           18           11           11           13
    Organisms only b........................................            6            5            5            5
Number of streams > AWQC for water and organisms............       10,310        9,205        4,151        4,160
Number of streams > AWQC for organisms only.................          192           71           71           65
----------------------------------------------------------------------------------------------------------------
                              Number of Streams with Aquatic Life AWQC Exceedences
----------------------------------------------------------------------------------------------------------------
Number of pollutants:
    Chronic.................................................           31           25           21           17
    Acute...................................................           10           11            8            6
Number of streams > AWQC chronic............................        2,466        1,437        1,394        1,310
Number of streams > AWQC acute..............................          878          103           61          52
----------------------------------------------------------------------------------------------------------------
a Both drinking water and organism consumption are considered in developing these AWQC exceedences.
b Only consumption of aquatic organisms is considered in these AWQC exceedences.

XX. Benefit Analysis

A. Overview of Benefits

    This section presents EPA's estimates of the national environmental 
benefits of the proposed MP&M effluent guidelines. The benefits occur 
due to the reduction in facility discharges described in the preceding 
section. EPA's complete benefit assessment can be found in ``Economic, 
Environmental, and Benefit Assessment of Proposed Metal Products and 
Machinery (MP&M) Rule.''
    Benefits analyses for past effluent guidelines have been limited in 
the range of benefits addressed, which has hindered EPA's ability to 
compare the benefits and costs of rules comprehensively. The Agency is 
working to improve its benefits analyses, including applying 
methodologies that have now become well established in the natural 
resources valuation field, but have not been used previously in the 
effluent guidelines program. EPA was particularly interested in 
expanding its benefits analyses for this rule to include water-based 
recreational activities other than fishing. The proposed MP&M rule 
addresses an industry with a large number of facilities located 
throughout the United States. These facilities are largely concentrated 
near large population centers and recreational sites.
    Individuals in the U.S. are known to participate in a wide range of 
water-based recreational activities including fishing, swimming, 
boating, and near water activities such as wildlife viewing. 
Participation rates in each activity vary significantly from state to 
state depending on the availability and quality of water resources 
suitable for recreation, climate, and demographic characteristics of 
the user population. Wildlife viewing is most popular type of water-
based recreation followed by fishing and swimming. The 1996 U.S. Fish 
and Wildlife Service survey showed that 62 million Americans enjoy 
wildlife viewing nationwide. In addition, 35 to 43 million people 
participate in recreational fishing and 34 million people take boating 
trips.
    EPA has therefore expanded upon its traditional methodologies in 
the benefits analyses for the proposed MP&M rule. Past effluent 
guidelines analyses have included human health benefits, economic 
productivity benefits such as reduced costs for POTW sludge disposal, 
recreational benefits for fishing, and nonuse values. The additional 
analyses expands on the traditional analyses by estimating benefits to 
participants in boating, swimming and viewing (i.e., near-water 
recreation.) EPA used a benefit transfer approach based on four studies 
to estimate the increase in value to individuals who boat and 
participate in viewing or near-water recreation at the national level. 
Three of these studies have been published in established economic 
journals, the other study is new and specific to the MP&M guideline. 
For this rule, EPA also conducted an original travel cost study in the 
State of Ohio, using the National Recreational Demand Survey (NDS) and 
a Random Utility Model (RUM) of recreational behavior, to estimate the 
changes in consumer valuation of water resources that would result from 
improvements in water quality. This study is presented in detail in 
Chapter 21 of the EEBA. A preliminary application of the travel cost 
study was reviewed by experts in the field of natural resource 
valuation, and the study has been presented at two professional 
meetings and will be subjected to a formal peer review in the coming 
year. The results of the previous review are available in the docket.
    Because EPA has not yet resolved some anomalies in the 
extrapolation of these analyses to the national level, the monetized 
benefits for these new categories are not included in the summary 
statements of benefits for the proposed rule. EPA is including these 
analyses in the EEBA, however, to present the new methodologies and 
their results as applied to the MP&M rule for public comment, 
concurrent with seeking peer review of the travel cost study.

[[Page 500]]

    The new analyses projects benefits of $500-$900 million for 
enhanced wildlife viewing, $265-$672 million for recreational boating, 
and $191 to $1,066 million in additional non-use benefits (calculated 
as \1/4\ to \2/3\ of the additional recreational use benefits.) EPA 
notes that the methodology used results in projected benefits for 57 
million wildlife viewers taking an average of 10 trips per year. This 
estimate (567 viewing days) is essentially the total number of single 
day trips as estimated by the national recreational demand survey 
(NDS). The methodology also predicts that 33 million individuals will 
each take an average 9 boating trips per year to sites benefiting from 
the rule. This amounts to 296 million boating days which is essentially 
all of the single day boating days nationally estimated from the NDS. 
Even though only about 5% of total reaches nationally are projected to 
benefit from the rule, 90% of the benefitting reaches are located in 
densely populated areas in the U..S, which is where the majority of the 
U.S. population and recreational users are located, though not 
necessarily where they recreate. Although EPA is confident in the 
sample based results, EPA believes that the large numbers of viewers 
and boaters projected to benefit from the rule at the national level 
may indicate a need to revise its procedures for scaling up from 
sampled facilities to the national level. The simple extrapolation 
technique used in both the cost and benefit analyses, may have the 
unintended effect of overcounting the number of benefitting boaters and 
wildlife viewers. EPA is also specifically soliciting comment on 
several other methodological approaches used in new analyses including 
the benefits transfer of values from studies that did not specifically 
address boating and wildlife viewing to these activities, the extent to 
which activities such as recreational boating, and wildlife viewing are 
applicable to children, and the effect of omitting other non-MP&M 
sources of impairment on affected reaches from the analyses.
    EPA may include additional categories of monetized benefits 
estimates based on these new methodologies, as revised based on comment 
and peer review, in its economic analyses of the final rule.
    Table XX.1 summarizes the benefits categories associated with the 
regulation and notes which categories EPA was able to quantify and 
monetize. The benefits include three broad classes: Human health, 
ecological, and economic productivity benefits. Within these three 
broad classes, EPA was able to assess benefits with varying degrees of 
completeness and rigor. Where possible, EPA quantified the expected 
effects and estimated monetary values. Data limitations and limited 
understanding of how society values certain water quality changes 
prevented monetizing some benefit categories. This section also 
presents a case study for the State of Ohio which provides more 
detailed analyses of the regulation's expected benefits.

Table XX-1.--Benefit Categories Associated With Water Quality Improvements Resulting From the Metal Products and
                                          Machinery Effluent Guideline
----------------------------------------------------------------------------------------------------------------
                                                                                                  Nonquantified
                       Benefit category                         Quantified and   Quantified and        and
                                                                  monetized       nonmonetized     nonmonetized
----------------------------------------------------------------------------------------------------------------
                                              Human Health Benefits
----------------------------------------------------------------------------------------------------------------
Reduced cancer risk due to ingestion of chemically-                         X
 contaminated fish and unregulated pollutants in drinking
 water.......................................................
Reduced systemic health hazards (e.g., reproductive,           ...............               X
 immunological, neurological, circulatory, or respiratory
 toxicity) due to ingestion of chemically-contaminated fish
 and unregulated pollutants in drinking water................
Reduced systemic health hazards from exposure to lead from                  X
 consumption of chemically-contaminated fish.................
Reduced cancer risk and health hazards from exposure to        ...............  ...............               X
 unregulated pollutants in chemically-contaminated sewage
 sludge......................................................
Reduced health hazards from exposure to contaminants in        ...............  ...............               X
 waters used recreationally (e.g., swimming).................
----------------------------------------------------------------------------------------------------------------
                                               Ecological Benefits
----------------------------------------------------------------------------------------------------------------
Reduced risk to aquatic life.................................  ...............               X
Enhanced water-based recreation including fishing............               X
Enhanced water-based recreation including near-water or                     X
 viewing and boating.........................................     In expanded
                                                                     analyses
Other enhanced water-based recreation such as swimming,        ...............  ...............               X
 waterskiing and white water rafting.........................
Increased aesthetic benefits such as enhancement of adjoining  ...............  ...............               X
 site amenities (e.g. residing, working, traveling, and
 owning property near the water).............................
Nonuser value (i.e., existence, option, and bequest value)...               X
Reduced contamination of sediments...........................  ...............  ...............               X
Reduced non-point source nitrogen contamination of water if    ...............  ...............               X
 sewage sludge is used as a substitute for chemical
 fertilizer on agricultural land.............................
Satisfaction of a public preference for beneficial use of      ...............  ...............               X
 sewage sludge *.............................................
----------------------------------------------------------------------------------------------------------------
                                         Economic Productivity Benefits
----------------------------------------------------------------------------------------------------------------
Reduced sewage sludge disposal costs.........................               X
Reduced management practice and record-keeping costs for       ...............  ...............               X
 users of sewage sludge that meets exceptional quality
 criteria....................................................
Reduced interference with POTW operations....................  ...............               X
Benefits to tourism industries from increased participation    ...............  ...............               X
 in water-based recreation...................................

[[Page 501]]


Improved commercial fisheries yields.........................  ...............  ...............               X
Addition of fertilizer to crops (nitrogen content of sewage    ...............  ...............               X
 sludge is available as a fertilizer when sludge is land
 applied) *..................................................
Improved crop yield (the organic matter in land-applied        ...............  ...............               X
 sewage sludge increases soil's water retention) *...........
Avoidance of costly siting processes for more controversial    ...............  ...............               X
 sewage sludge disposal methods (e.g., incinerators) because
 of greater use of land application..........................
Reduced water treatment costs for municipal drinking water,    ...............  ...............              X
 irrigation water, and industrial process and cooling water..
----------------------------------------------------------------------------------------------------------------
* Some of these benefit categories are accounted for and quantified under the ``reduced sewage sludge disposal
  costs.''

B. Reduced Human Health Risk

    Reduced pollutant discharges from MP&M facilities generate human 
health benefits by a number of pathways. The most important human 
health benefits stem from reduced risk of illness from consumption of 
contaminated fish, aquatic organisms other than fish, and water. EPA 
analyzed human health benefits by estimating the change in the expected 
number of adverse human health events in the populations exposed to 
MP&M discharges. While some health effects such as cancer are 
relatively well understood and can be quantified and monetized in a 
benefits analyses, others such as systemic health effects are less well 
understood and may not be assessed with the same rigor or at all. (See 
Table XX-1.)
    EPA analyzed the following measures of health-related benefits: 
reduced cancer risk from fish and water consumption; reduced risk of 
non-cancer toxic effects from fish and water consumption; lead-related 
health effects to children and adults; and reduced occurrence of in-
waterway pollutant concentrations in excess of levels of concern. The 
levels of concern include human health-based ambient water quality 
criteria (AWQC) or documented toxic effect levels for those chemicals 
not covered by water quality criteria. The Agency monetized only two of 
these health benefits: (1) Changes in the incidence of cancer from fish 
and water consumption, and (2) changes in adverse health effects to 
children and adults from reduced lead exposure. The following 
discussion includes results only for the proposed option; however, the 
tables present the results for all options evaluated.
    EPA estimates that the proposed option would eliminate 
approximately 2.29 cancer cases associated with consumption of MP&M 
pollutants in fish tissue and drinking water. The regulation would also 
result in the removal of 0.86 million pounds (1.9 toxic lb-eq.) per 
year of lead. In addition, there will be a 142 million pound reduction 
in 77 pollutants that are known to be related to a wide range of human 
health endpoints not quantified or monetized for this benefits 
analyses. Monetized health benefits are expected to result in $41.3 
million (1999 $) in benefits due to decreased human health risks under 
the proposed option.
    The analyses of changes in human health risk described in this and 
the following sections ignore the potential for joint effects of more 
than one pollutant. Each pollutant is dealt with in isolation and the 
individual effects are summed. Therefore, this approach does not 
account for the possibility that several pollutants may combine in a 
synergistic fashion to yield more or less adverse effects to human 
health than indicated by the simple sum of their individual effects.
1. Benefits from Reduced Incidence of Cancer Cases
    EPA estimated aggregate cancer risk from contaminated drinking 
water for populations served by drinking water intakes on waterbodies 
to which MP&M facilities discharge. This analyses is based on seven 
carcinogenic pollutants for which no published drinking water criteria 
are currently available. This analyses excludes six carcinogens for 
which drinking water criteria are available. EPA assumed that public 
drinking water treatment systems will remove these pollutants from the 
public water supply. To the extent that treatment for these six 
pollutants may cause incidental removals of the chemicals without 
criteria, the analyses may overstate cancer related benefits.
    Calculated in-stream concentrations serve as a basis for estimating 
changes in cancer risk for populations served by affected drinking 
water intakes. EPA estimates that the proposed regulation would 
eliminate annually 2.24 cancer cases associated with consumption of 
contaminated drinking water, or 44 percent of the cancer cases 
associated with baseline MP&M discharges.
    EPA valued the reduced cancer cases using estimated willingness-to-
pay values for avoiding premature mortality. The values used in this 
analyses are based on a range of values identified in the EPA Office of 
Policy Analysis' review of available studies. The mean value of 
avoiding one statistical death is estimated to be $5.8 million. This 
estimate does not include estimates of morbidity prior to death.
    EPA also estimated aggregate cancer risk from consuming 
contaminated fish for recreational and subsistence anglers and their 
families. This analyses is based on thirteen carcinogenic pollutants 
found in MP&M effluent discharges. Estimated contaminants in fish 
tissue reflect predicted in-stream pollutant concentrations and 
biological uptake factors. EPA used data on numbers of licensed 
fishermen by State and county, presence of fish consumption advisories, 
fishing activity rates, and average household size to estimate the 
affected population of recreational and subsistence anglers and their 
families. The analyses uses different fish consumption rates for 
recreational and subsistence anglers to estimate the change in cancer 
risk among these populations.
    The proposed rule eliminates an estimated 0.05 cancer cases per 
year for combined recreational and subsistence angler populations, 
representing a reduction of about 36 percent from a baseline of about 
0.13 cases. This translates into $0.3 million (1999$) in annual 
benefits due to reduced cancer risk from consumption of contaminated 
fish by these populations.
    Total benefits from reduced incidence of cancer cases, including 
both drinking water and fish exposures are $13.3 million (1999$) 
annually (see Table XX-2).

[[Page 502]]



    Table XX-2.--Estimated Annual Benefits from Avoided Cancer Cases from Fish and Drinking Water Consumption
----------------------------------------------------------------------------------------------------------------
                                         Drinking Water           Fish Consumption                Total
                                   -----------------------------------------------------------------------------
                                                   Benefit                   Benefit                   Benefit
         Regulatory status             Annual       value        Annual       value        Annual       value
                                       cancer      (million      cancer      (million      cancer      (million
                                       cases        1999$)       cases        1999$)       cases        1999$)
----------------------------------------------------------------------------------------------------------------
                                                    Baseline
----------------------------------------------------------------------------------------------------------------
Baseline..........................         5.10        1 N/A        0.126          N/A         5.23          N/A
----------------------------------------------------------------------------------------------------------------
                                                 Proposed Option
----------------------------------------------------------------------------------------------------------------
Number of Cases/Value.............         2.86        $13.0        0.081         $0.3         2.94        $13.3
Percent Reduction.................        43.9%          N/A        35.7%          N/A        43.9%          N/A
----------------------------------------------------------------------------------------------------------------
                                                  Option 2/6/10
----------------------------------------------------------------------------------------------------------------
Number of Cases/Value.............         2.73        $13.7        0.081         $0.3         2.81        $14.0
Percent Reduction.................        46.5%          N/A        35.7%          N/A        46.1%          N/A
----------------------------------------------------------------------------------------------------------------
                                                   Option 4/8
----------------------------------------------------------------------------------------------------------------
Number of Cases/Value.............         2.73        $13.8        0.062         $0.4         2.79        $14.2
Percent Reduction.................        46.5%          N/A        49.2%          N/A        46.5%         N/A
----------------------------------------------------------------------------------------------------------------
Source: U.S. Environmental Protection Agency.

\1\ Not Applicable.

2. Reductions in Systemic Health Effects
    EPA expects that the proposed rule would also generate a wide range 
of non-cancer health benefits (e.g., systemic effects, reproductive 
toxicity, and developmental toxicity) from reduced contamination of 
fish tissue and drinking water sources. The change in exposure to 
pollutants through fish and water consumption relative to pollutant-
specific health effects thresholds yields an additional measure of the 
human health benefits that are likely to result from the proposed 
regulation. EPA compared estimated in-stream pollutant concentrations 
for 77 systemic toxicants with risk reference doses to calculate a 
hazard score. The systemic hazard score is the sum of the ratios of 
pollutant quantities ingested to the daily reference dose for each 
pollutant. Values above or near one indicate the potential for health 
non-cancer hazards. The hazard score assumes that the combined effect 
of ingesting multiple pollutants is proportional to the sum of their 
effects individually.
    The distribution of hazard scores was calculated for drinking water 
and fish consumption populations for baseline and post-compliance 
exposures. The results show movement in populations from higher risk 
values to lower risk values for both the fish and drinking water 
analyses. Substantial increases in the percentage of the exposed 
populations that would be exposed to no risk of systemic health hazards 
occur in both analyses.
3. Benefits from Reduced Exposure to Lead
    EPA performed a separate analyses of benefits from reduced exposure 
to lead. This analyses differs from the analyses of systemic health 
risk from exposure to other MP&M pollutants because it is based on 
dose-response functions tied to specific health endpoints to which 
monetary values can be applied.
    Many lead-related adverse health effects are relatively common and 
are chronic in nature. These effects include but are not limited to 
hypertension, coronary heart disease, and impaired cognitive function. 
Lead is harmful to any exposed individual, and the effects of lead on 
children are of particular concern. Children's rapid rate of 
development makes them more susceptible to neurobehavioral deficits 
resulting from lead exposure. The neurobehavioral effects on children 
from lead exposure include hyperactivity, behavioral and attention 
difficulties, delayed mental development, and motor and perceptual 
skill deficits.
    This analyses assessed benefits of reduced lead exposure from 
consumption of contaminated fish tissue to three sensitive populations: 
(1) Preschool age children, (2) pregnant women, and (3) adult men and 
women. This analyses uses blood-lead levels as a biomarker of lead 
exposure. EPA estimated baseline and post-compliance blood lead levels 
in the exposed populations and then used changes in these levels to 
estimate benefits in the form of avoided health damages.
    EPA assessed neurobehavioral effects on children based on a dose-
response relationship for IQ decrements. Avoided neurological and 
cognitive damages are expressed as changes in overall IQ levels, 
including reduced incidence of extremely low IQ scores (70, or two 
standard deviations below the mean) and reduced incidence of blood-lead 
levels above 20 mg/dL. The analyses uses the value of compensatory 
education that an individual would otherwise need and the impact an 
additional IQ point on individuals' future earnings to value the 
avoided neurological and cognitive damages. EPA estimated that 
implementation of the proposed rule would result in avoided IQ loss of 
489 points across all exposed children. The estimated monetary value of 
avoided IQ loss is $4.9 million (1999$). In addition, reduced 
occurrences of extremely low IQ scores (70) and reduced incidence of 
blood-lead levels above 20 mg/dL would result in a decrease in the 
annual cost of compensatory education for children with learning 
disabilities of $0.1 million (1999$).
    Prenatal exposure to lead is an important route of exposure. Fetal 
exposure to lead in utero due to maternal blood-lead levels may result 
in several adverse health effects, including

[[Page 503]]

decreased gestational age, reduced birth weight, late fetal death, 
neurobehavioral deficits in infants, and increased infant mortality. To 
assess benefits to pregnant women, EPA estimated changes in the risk of 
infant mortality due to changes in maternal blood-lead levels during 
pregnancy. This analyses used the estimated willingness-to-pay (WTP) to 
avoid a mortality to estimate the monetary benefit associated with 
reducing risks of neonatal mortality. The estimated monetary value of 
benefits from reduced neonatal mortality is $9.33 million (1999$).
    Lead exposure has been shown to have adverse effects on the health 
of adults as well as children. The health effects in adults that EPA 
was able to quantify all relate to lead's effects on blood pressure. 
Quantified health effects include increased incidence of hypertension 
(estimated for males only), initial coronary heart disease (CHD), 
strokes (initial cerebrovascular accidents and atherothrombotic brain 
infarctions), and premature mortality. This analyses does not include 
other health effects associated with elevated blood pressure, and other 
adult health effects of lead including nervous system disorders in 
adults, anemia, and possible cancer effects. EPA used cost of illness 
estimates (i.e., medical costs and lost work time) to estimate monetary 
value of reduced incidence of hypertension, initial CHD, and strokes. 
EPA then used the value of a statistical life saved to estimate changes 
in risk of premature mortality. The estimated monetary value of health 
benefits to adults is $13.6 million (1999$) (see Table XX-3).
    Total benefits from reduced exposure to lead, including both 
children and adults are $28.0 million (1999$) annually under the 
proposed option.

                                    Table XX-3.--National Adult Lead Benefits
                                          [Millions of 1999$ per year]
----------------------------------------------------------------------------------------------------------------
                                         Proposed option            Option 2/6/10              Option 4/8
                                   -----------------------------------------------------------------------------
             Category                 Reduced      Monetary     Reduced      Monetary     Reduced      Monetary
                                       cases        value        cases        value        Cases        value
----------------------------------------------------------------------------------------------------------------
                                                       Men
----------------------------------------------------------------------------------------------------------------
Hypertension......................       959.85        $1.00       991.41        $1.04       992.20        $1.04
CHD...............................         1.24        $0.09         1.29        $0.09         1.29        $0.09
CBA...............................         0.52        $0.14         0.53        $0.14         0.53        $0.14
BI................................         0.29        $0.08         0.30        $0.08         0.30        $0.08
Mortality.........................        1.7          $9.85         1.76       $10.19         1.76       $10.20
----------------------------------------------------------------------------------------------------------------
                                                      Women
----------------------------------------------------------------------------------------------------------------
CHD...............................         0.39        $0.03         0.40        $0.03         0.40        $0.03
CBA...............................         0.17        $0.03         0.18        $0.04         0.18        $0.04
BI................................         0.10        $0.02         0.11        $0.02         0.11        $0.02
Mortality.........................         0.41        $2.38         0.42        $2.46         0.42        $2.46
----------------------------------------------------------------------------------------------------------------
    Total Benefits................  ...........        $13.6  ...........       $14.08  ...........       $14.09
----------------------------------------------------------------------------------------------------------------
National Level Exposed Population:
    (1) Hypertension: 428,363 men ages 20 to 74;
    (2) Coronary heart disease, cerebrovascular accidents, brain infarction, and mortality: 173,386 men and
     192,091 women ages 45-74.
----------------------------------------------------------------------------------------------------------------

4. Exceedences of Health-Based AWQC
    EPA also estimated the effect of MP&M facility discharges by 
comparing pollutant concentrations in affected waterways to ambient 
water criteria for protection of human health. This analysis compares 
the estimated baseline and post-compliance in-stream pollutant 
concentrations with ambient water quality criteria (AWQC). The 
comparison included AWQC for protection of human health through 
consumption of organisms and for consumption of organisms and water. 
Pollutant concentrations in excess of these values indicate potential 
risks to human health. EPA modeling results show that baseline in-
stream concentrations of 18 pollutants are estimated to exceed human 
health criteria for consumption of water and organisms in 10,310 
receiving reaches nationwide. The proposed rule eliminates 
concentrations in excess of the criteria for consumption of water and 
organisms on 1,105 of these reaches. EPA also estimates that the 
proposed rule eliminates the occurrence of concentrations in excess of 
human health criteria for consumption of organisms only on 121 of the 
192 reaches on which baseline discharges are estimated to cause 
concentrations in excess of AWQC values. Results also show that 382 
receiving reaches will experience partial water quality improvements 
from reduced occurrence of some pollutant concentrations in excess of 
AWQC limits for consumption of water and organisms.

C. Ecological, Recreational and Nonuser Benefits

    EPA expects the proposed regulation to provide ecological benefits 
by improving the habitats or ecosystems (aquatic and terrestrial) 
affected by the MP&M industry's effluent discharges. Benefits 
associated with changes in aquatic life include: restoration of 
sensitive species: Recovery of diseased species: changes in taste- and 
odor-producing algae; changes in dissolved oxygen (DO); increased 
assimilative capacity of affected waterways; and improved related 
recreational activities. These activities include swimming, fishing, 
boating and wildlife observation that may be enhanced when risks to 
aquatic life are reduced. Among these ecological benefits, EPA was able 
to estimate dollar values for improved recreational opportunities and 
for nonuser benefits.
    EPA expects the MP&M rule to improve aquatic species habitats by 
reducing concentrations of toxic and conventional contaminants in 
water. These improvements should enhance the quality and value of 
water-based recreation, such as fishing, swimming,

[[Page 504]]

wildlife viewing, camping, waterfowl hunting, and boating. The benefits 
from improved water-based recreation would be seen as increases in the 
increased value participants derive from a day of recreation or the 
increased number of days that consumers of water-based recreation 
choose to visit the cleaner waterways. This analysis measures the 
economic benefit to society from water quality improvements based on 
the increased monetary value of recreational opportunities resulting 
from those improvements.
    EPA assessed recreational benefits of reduced occurrence of 
pollutant concentrations exceeding aquatic life and/or human health 
AWQC values. This analysis combined the findings from the aquatic life 
benefits analysis and the human health AWQC exceedence analysis 
described previously. These analyses found that 10,443 stream reaches 
exceed chronic or acute aquatic life AWQC and/or human health AWQC 
values at the baseline discharge levels (see Table XIII-4). The 
proposed rule is expected to eliminate exceedences on 1,185 of these 
discharge reaches, leaving 9,258 reaches with concentrations of one or 
more pollutants that exceed AWQC limits. Of these 9,258 reaches, 1,837 
reaches will experience partial water quality improvements from reduced 
occurrence of some pollutant concentrations in excess of AWQC limits.

  Table XX-4.--Estimated MP&M Discharge Reaches with MP&M Pollutant Concentrations in Excess of AWQC Limits for
                                  Protection of Human Health or Aquatic Species
----------------------------------------------------------------------------------------------------------------
                                                                     Number of     Number of benefitting reaches
                                                                   reaches with  -------------------------------
                                                                  MP&M pollutant
                        Regulatory status                         concentrations     All AWQC     Number of AWQC
                                                                  exceeding AWQC    exceedences     exceedences
                                                                       limits       eliminated        reduced
----------------------------------------------------------------------------------------------------------------
Baseline........................................................          10,443  ..............  ..............
Proposed option.................................................           9,258           1,185           1,837
Option 2/6/10...................................................           4,217           6,226           1,894
Option 4/8......................................................           4,226           6,217           1,866
----------------------------------------------------------------------------------------------------------------

    EPA attached a monetary value to these reduced exceedences based on 
increased values for recreational fishing and for nonuser values. Since 
the benefiting reaches are close to densely populated areas potential 
recreational users may also benefit from reduced visit ``price'' to 
these sites (i.e., lower travel costs to good recreational sites). EPA 
applied a benefits transfer approach to estimate the total willingness 
to pay (WTP), including both use and non-use values, for improvements 
in surface water quality. This approach builds upon a review and 
analysis of the surface water valuation literature.
    EPA first estimated the baseline value of water-based recreation 
for the benefitting reaches based on estimated annual person-days of 
recreational fishing. The baseline per-day values of water-based 
recreation are based on studies by Walsh et. al (1992) and Bergstrom 
and Cordell (1991). The studies provide values per recreation day for a 
wide range of water-based activities, including fishing, boating, 
wildlife viewing, waterfowl hunting, camping, and picnicking. The mean 
value per recreational fishing day used in this analyses is $39.62.
    EPA then applied the percentage change in the recreational fishing 
value of water resources implied by surface water valuation studies to 
estimate changes in values for all MP&M reaches in which the regulation 
eliminates AWQC exceedences by one or more MP&M pollutants. The Agency 
selected eight of the most comparable studies and calculated the 
changes in recreational fishing values from water quality improvements 
(as percentage of the baseline) implied by those studies. Sources of 
estimates included Lyke (1993), Jakus et al. (1997), Montgomery and 
Needleman (1997), Paneuf et al. (1998), Desvousges et al. (1987), Lant 
and Roberts (1990), Farber and Griner (2000), and Tudor et al. (2000). 
EPA took a simple mean of point estimates from all applicable studies 
to derive a central tendency value for percentage change in the water 
resource values due to water quality improvements.
    This approach uses all possible applicable valuation studies, makes 
unit values more likely to be nationally representative, and avoids the 
potential bias inherent in using a single study to make estimates at 
the national level. These studies yielded estimates of increased 
recreational fishing value from water quality improvements expected 
from reduced MP&M discharges of 10 to 15 percent. The estimated 
national recreational benefits of the proposed rule (1999$) are 
provided in Table XIII-5 below. Note that the benefits transfer 
approach used in this analyses is based on eight studies as opposed to 
one used in the previous rule.
    The resulting average changes in participants' valuation of water 
resources per year resulting from the MP&M rule is modest ($18.12 per 
angler per year). EPA applied these estimates to the portion of the 
population residing in each county that is traversed by (i.e., is 
adjacent to) a water body that benefits from the proposed MP&M rule. 
The portion of the anglers adjacent to the reach is calculated based on 
the number of fishing licenses sold in the relevant counties and the 
ratio of the benefiting reach length to the number of total reach miles 
in the county. The results were then extrapolated to the national level 
based on facility sample weights.
    Removing water quality impairments would increase services provided 
by water resources to recreational users. Potential recreational users 
are expected to benefit from improved recreational opportunities, 
including an increased number of available choices of recreational 
sites. For example, some of the streams that were not usable for 
recreation under the baseline discharge conditions may be newly 
included in the site choice set for recreational users from nearby 
counties. Streams that have been used for recreation under the baseline 
conditions can become more attractive for users making recreational 
trips more enjoyable. Individuals may also take trips more frequently 
if they enjoy their recreational activities more.
    EPA estimated that 20.2 million anglers will benefit from improved 
recreational opportunities because they live in counties that are 
traversed by reaches expected to benefit from the MP&M regulation. The 
results show that roughly half of the nation's recreational

[[Page 505]]

anglers will benefit from the proposed rule. These results partially 
stem from the concentration of MP&M facilities in all heavily populated 
areas. However, EPA recognizes that extrapolating from sample facility 
to national results introduces uncertainty in the analyses, and is 
continuing to explore ways to reduce this uncertainty. The Agency is 
requesting comment on the methods used to extrapolate sample results to 
national benefit estimates. The extrapolation method used is described 
in detail in chapters 5 and 15 and appendix F of the EEBA.
    EPA also estimated non-market nonuser benefits. These non-market 
nonuser benefits are not associated with current use of the affected 
ecosystem or habitat; instead, they arise from the value society places 
on improved water quality independent of planned uses or based on 
expected future use. Past studies have shown that nonuser values are a 
sizable component of the total economic value of water resources. EPA 
estimated average changes in nonuser value to equal one-half of the 
recreational fishing benefits. The estimated increase in nonuser value 
is $182.7 million (1999$).

          Table XX-5.--Estimated Recreational Fishing and Non-Use Benefits from Reduced MP&M Discharges
                                                 [Million 1999$]
----------------------------------------------------------------------------------------------------------------
                                                                     Proposed
                          Benefit Type                                option       Option 2/6/10    Option 4/8
----------------------------------------------------------------------------------------------------------------
Recreational Fishing............................................          $365.4          $960.3          $962.1
Nonuse Benefit (1/2 of Recreational Fishing)....................           182.7           480.2           481.1
                                                                 -----------------------------------------------
    Total Recreational Benefits.................................           548.1         1,440.5        1,443.2
----------------------------------------------------------------------------------------------------------------
Note: Categories may not sum to totals due to rounding of individual estimates for presentation purposes.

    EPA calculated the total value of enhanced water-based recreation 
opportunities by summing recreational fishing and nonuser value. The 
resulting increase in value of water resources to recreational anglers 
and nonusers is $548.1 million, with an upper and lower bound range of 
$294 to $941 million (1999$) annually.

D. Productivity Changes: Cleaner Sewage Sludge (Biosolids)

    EPA evaluated two productivity measures associated with MP&M 
pollutants. The first measure was the pollutant interference at 
publicly-owned treatment works (POTWs) which were quantified but not 
monetized in Section XII. The second measure is pass-through of 
pollutants into the sludge which limits options for disposing of their 
sewage sludge. EPA quantified the reduced costs for managing and 
disposing of sewage sludge. This analyses relied on data from 147 POTW 
surveys. The survey provided information on sewage sludge use and 
disposal costs and practices, total metal loadings to the POTW, 
percentage of total metal loadings contributed by MP&M facilities, and 
the number of known MP&M dischargers to the POTW The survey also 
provided information on the percentage of qualifying sludge that is not 
land applied and reasons for not land applying qualifying sludge.
    EPA has promulgated regulations establishing standards for sewage 
sludge when it is applied to the land, disposed of at dedicated sites 
(surface disposal), and incinerated (40 CFR part 503). In addition, EPA 
has also established standards for sewage sludge when it is disposed of 
in municipal solid waste landfills (40 CFR part 258). Disposing of 
sewage sludge containing lower levels of pollutants is less expensive 
than disposing of more contaminated sewage because these regulations 
restrict disposal options based on sludge pollutant levels. The POTW 
survey indicated that the costs of alternative use/disposal practices 
follow a consistent ordinal relationship. That is, certain use/disposal 
practices (e.g., incinerating sludge) are generally more expensive than 
other practices (e.g., land application).
    EPA estimated baseline and post-compliance sludge concentrations of 
eight metals for POTWs receiving discharges from the sample MP&M 
facilities. EPA compared these concentrations with the relevant metal 
concentration limits for land application and surface disposal. In the 
baseline case, EPA estimated that concentrations of one or more metals 
at 6,953 POTWs would fail the land application limits.
    EPA estimates that 62 POTWs will be able to select the lower-cost 
land application disposal based on estimated reductions in sludge 
contamination. An estimated 1.7 million dry metric tons (DMT) of sewage 
sludge would newly qualify for land application annually. EPA also 
estimated that 21 POTWs that previously met only the land application 
pollutant limit would, as a result of regulation, meet the more 
stringent land application concentration limits. EPA expects these 
POTWs to benefit through reduced record-keeping requirements and 
exemption from certain sludge management practices. The annual 
estimated cost savings for the POTWs expected to upgrade their sludge 
disposal practices are $61.3 million (1999$).
    This analyses includes an adjustment to the estimate of national 
sludge use/disposal cost benefits for POTWs located at cost-prohibitive 
distances from agricultural, forest, or disturbed lands suitable for 
sludge application. EPA assumed that 46 percent of sludge generated in 
the United States is generated by POTWs located too far from sites 
suitable for application sewage sludge to make these practices 
economical.

E. Total Estimated Benefits of the Proposed MP&M Rule

    EPA estimates that total benefits for the five categories for which 
monetary estimates were possible are $0.651 billion (1999$) annually. 
EPA characterized uncertainty inherent in the benefits analyses by 
bounding benefit estimates. The low and upper bound benefit estimates 
of the proposed option are $0.347 and $1,144 billion (1999$) annually. 
EPA's complete benefit assessment can be found in Economic, 
Environmental, and Benefit Assessment of Proposed Effluent Limitations 
and Guidelines for the Metal Products and Machinery Industry. The 
monetized benefits of the rule underestimate the total benefits of the 
rule because it omits various sources of benefits to society may from 
reduced MP&M effluent discharges. Examples of benefit categories not 
reflected in this estimate include: non-cancer health benefits other 
than benefits from reduced exposure to lead, other water dependent 
recreational benefits such as swimming, boating, wildlife viewing, and 
waterskiing, and reduced cost of

[[Page 506]]

drinking water treatment for the pollutants with drinking water 
criteria.

                          Table XX-6.--Estimated Benefits from Reduced MP&M Discharges
                                        [Annual Benefits--Million 1999$]
----------------------------------------------------------------------------------------------------------------
                                                                     Proposed
                        Benefit category                              option       Option 2/6/10    Option 4/8
----------------------------------------------------------------------------------------------------------------
1. Reduced Cancer Risk:
    Fish Consumption............................................            $0.3            $0.3            $0.4
    Water Consumption...........................................            13.0            13.7            13.8
2. Reduced Risk from Exposure to Lead:
    Children....................................................            14.4            14.8            14.9
    Adults......................................................            13.6            14.1            14.1
3. Avoided Sewage Sludge Disposal Costs.........................            61.3            68.5           127.4
4. Enhanced Fishing.............................................           365.4           960.7           962.7
5. Nonuse benefits (\1/2\ of Recreational Use Benefits).........           182.7           480.4           481.3
                                                                 -----------------------------------------------
      Total Monetized Benefits..................................           650.6         1,553.5         1,614.4
----------------------------------------------------------------------------------------------------------------

    As previously mentioned, the EEBA includes national estimates for 
benefits in two other categories, enhanced boating and wildlife 
viewing. In addition, it also includes estimates from a travel cost 
analyses of recreational benefits from enhanced fishing, swimming, 
boating and wildlife viewing performed for the state of Ohio. The case 
study analyses supplements the national level analyses performed for 
the proposed MP&M regulation by using improved data and methods to 
determine MP&M pollutant discharges from both MP&M facilities and other 
sources and by estimating swimming, fishing, boating, and near-water 
activities. The random utility model (RUM) used in the analyses 
estimates the effects of the specific water quality characteristics 
analyzed for the proposed MP&M regulation (i.e., the presence of AWQC 
exceedances and concentrations of the nonconventional nutrient Total 
Kjeldahl Nitrogen.) The direct link between the water quality 
characteristics analyzed for the rule and the characteristics valued in 
the RUM analyses reduces uncertainty in benefit estimates and makes the 
analyses of recreational benefits more robust. This analyses is 
presented in Chapters 20, 21, and 22 of the EEBA.

F. Benefit-Cost Comparison

    EPA cannot perform a complete benefit-cost comparison because not 
all of the benefits resulting from the proposed regulatory alternative 
can be valued in dollar terms. A comparison of costs and benefits is 
thus limited by the lack of a comprehensive benefits valuation and also 
by some uncertainties in the estimates. Nonetheless, EPA presents the 
following summary comparison of costs and benefits for the proposed 
rule. The social cost of the proposed rule is $2.1 billion annually 
(1999$). The total benefits that can be valued in dollar terms in the 
categories traditionally analyzed for effluent guidelines range from 
$0.4 billion to $1.1 billion annually (1999$). EPA believes that the 
benefits of the proposed regulation justify the social costs.

XXI. Regulatory Implementation

A. Compliance Dates

    As discussed in Section XII of this notice, EPA is proposing to 
establish a three-year deadline (from the date of publication of the 
final MP&M rule) for compliance with the MP&M pretreatment standards 
for existing sources (PSES). EPA is proposing a three-year deadline 
because design and construction of systems adequate for compliance with 
PSES will be a substantial undertaking for many MP&M sites. In 
addition, control authorities (e.g., POTWs) will need the time to 
develop the permits or other control mechanisms for their industrial 
users.
    Once EPA finalizes the MP&M rule, these limitations will be 
reflected in NPDES permits issued to direct dischargers.
    New sources must comply with the new source standards and 
limitations (PSNS and NSPS) of the MP&M rule (once it is finalized) at 
the time they commence discharging MP&M process wastewater. Because the 
final rule is not expected within 120 days of the proposed rule, the 
Agency considers a discharger a new source if its construction 
commences following promulgation of the final rule (40 CFR 122.2; 40 
CFR 403.3). In addition, today's notice fully replaces the MP&M Phase I 
proposal, published on May 30, 1995. Therefore, compliance deadlines in 
that proposal would obviously no longer apply.

B. Implementation of Limitations and Standards

1. Concentration-Based Limitations and Standards
    As discussed in Section II.D, EPA is proposing concentration-based 
limits for all subcategories except the Steel Forming & Finishing 
Subcategory for which EPA is proposing production-based limits (see 
Section XXI.B.2, below, for a discussion on the Steel Forming & 
Finishing Subcategory). Unlike the Phase I proposal, EPA is not 
proposing to require permit writers or control authorities (e.g., 
POTWs) to implement the limits on a mass basis for dischargers. Instead 
EPA is proposing to authorize permit writers and control authorities to 
use their best professional judgement to decide when it is most 
appropriate to implement mass-based limits. The NPDES regulations (40 
CFR 122.45(f)) require permit writers to implement mass-based 
limitations for direct dischargers, but allows an exception when the 
limits are expressed in terms of other units of measurement (e.g., 
concentration) and the General Pretreatment Standards (40 CFR 403.6(d)) 
provides that the control authority may impose mass limitations on 
industrial users which are using dilution to meet applicable 
pretreatment requirements or where mass limitations are appropriate. 
EPA believes that this approach will reduce implementation burden on 
POTWs associated with implementing mass-based limits at all of their 
MP&M industrial users, but will still result in increased use of water 
conservation practices at the facilities where POTWs determine it is 
most appropriate. EPA believes that MP&M facilities that have been 
using the best pollution prevention and water conservation practices 
may also request that the permit writer or POTW use

[[Page 507]]

mass-based limits in their permits or control mechanism. The Agency is 
providing detailed information on water use levels for specific unit 
operations in Section 15 of the Technical Development Document for 
today's proposal. EPA believes this information will be useful to 
permit writers and control authorities in those instances where they 
deem it appropriate to set mass-based limits.
2. Mass-Based Limitations and Standards

a. Background

    The effluent limitations guidelines and standards for BPT, BAT, 
NSPS, PSES, and PSNS proposed today for the Steel Forming and Finishing 
Subcategory are expressed as mass limitations in pounds/1,000 pounds of 
product. The mass limitation is derived by multiplying an effluent 
concentration (determined from the analyses of treatment system 
performance) by an appropriate wastewater volume (``production-
normalized flow'') determined for each forming or finishing operation 
expressed in gallons/ton of product. EPA developed the production 
normalized flows used to develop the limits in the proposed rule from 
survey questionnaire responses from steel forming and finishing 
facilities. (The production-normalized flows are provided in the 
Technical Development Document.) However, EPA did not collect 
analytical wastewater samples from Steel Forming & Finishing facilities 
that used the Option 2 treatment technology (see Section VIII for a 
description of the technology options). EPA transferred the effluent 
concentrations used to develop the proposed Steel Forming & Finishing 
subcategory limitations and standards from those used for the General 
Metals subcategory. EPA believes that the wastewater characteristics of 
the General Metals subcategory closely resemble those of the Steel 
Forming & Finishing subcategory. The concentration-based limitations 
and standards for the General Metals subcategory are provided in 
Subpart A of the proposed codified regulation that accompanies this 
preamble. EPA will conduct analytical wastewater sampling of well-
operated chemical precipitation and clarification systems at steel 
forming and finishing facilities post-proposal. EPA intends on 
developing limitations and standards for this subcategory for the final 
rule that would be based on the steel forming and finishing facilities 
in this subcategory.
    A facility subject to today's proposed regulation can use a 
combination of various treatment alternatives and/or water conservation 
practices to achieve a particular effluent limitation or standard. The 
model treatment systems (i.e., Option 2 for BPT, BAT, BCT, and PSES and 
Option 4 for NSPS and PSNS, as described in Section VIII) illustrate at 
least one means available to achieve the proposed effluent limitations 
guidelines and standards.
    As discussed above in Section XXI.B.1, both the NPDES permit 
regulations and the General Pretreatment Regulations discuss the use of 
mass-based limitations and standards. In order to convert the proposed 
effluent limitations and standards expressed as pounds/1,000 pounds of 
product to a monthly average or daily maximum permit limit, the 
permitting or control authority would use a production rate with units 
of tons/day. The NPDES permit regulations (Part 122.45(b)(2)) require 
that NPDES permit limits be based on a ``* * * reasonable measure of 
actual production.'' A similar requirement is found in the General 
Pretreatment regulations (40 CFR 403.6(c)(3)). As discussed in Section 
VI, facilities in the proposed MP&M Steel Forming & Finishing 
subcategory, are currently covered under the Iron & Steel Manufacturing 
Point Source Category regulations (40 CFR part 420). The production 
rates used for NPDES permitting for the iron and steel industry under 
40 CFR part 420 have commonly been the highest annual average 
production from the prior five year period prorated to a daily basis, 
or the highest monthly production over the prior five years prorated to 
a daily basis. Stakeholders involved in EPA's proposed revision of the 
Iron and Steel effluent limitations guidelines and standards (which is 
being proposed under a separate notice) have indicated that (1) EPA 
should include the method used to determine appropriate production 
rates for calculating allowable mass loadings into the regulation for 
consistency, so that the permit writers can all use the same basis; and 
(2) EPA should use a high production basis, such as maximum monthly 
production over the previous five year period or maximum design 
production, in order to ensure that a facility will not be out of 
compliance during periods of high production.
    Both the NPDES and General Pretreatment regulations require that, 
for existing sources, production-based effluent limitations guidelines 
and standards be based not on production capacity, but on a 
``reasonable measure of actual production.'' The current iron and steel 
regulation at 40 CFR 420.04 requires that the mass-based pretreatment 
requirements be based on a reasonable measure of actual production. 
That regulation provides two examples of what may constitute a 
reasonable measure of actual production: (1) the monthly average for 
the highest of the previous five years, or (2) the high month of the 
previous year. Both values are converted to a daily basis (i.e., tons/
day) for purposes of calculating monthly average and daily maximum 
mass-based permit effluent limitations.
    Each of the above regulations requires that effluent limitations 
and pretreatment standards for new sources must be based on projected 
production. That approach is carried forward in this proposed 
regulation.
    EPA believes that production rates used in some permits and control 
mechanisms have been derived in a manner that is not consistent with 
the term ``reasonable measure of actual production'' specified at 40 
CFR 122.45(b)(2)(i), 403.6(c)(3), and 420.04. In some cases, maximum 
production rates for similar process units discharging to one treatment 
system were determined from different years or months, which may 
provide an unrealistically high measure of actual production. In EPA's 
view, this unrealistic estimate of production would occur if the 
different process units could not reasonably produce at these high 
rates simultaneously.
    The ideal situation for the application of production-based 
effluent limitations and standards is where production is relatively 
constant from day-to-day or month-to-month. In this case, the 
production rate used for purposes of calculating the permit limitations 
would then be the average rate. However, in the case of the steel 
forming and finishing industry, production rates are not constant and 
vary significantly based on factors such as fluctuations in market 
demand for domestic products, maintenance, product changes, equipment 
failures, and facility modifications. As such, the typical production 
rate for individual facilities vary significantly over time, especially 
over the customary five-year life of a permit or control mechanism.
    Although permits and control mechanisms can be modified, if 
necessary, during the five-year life of a permit or control mechanism, 
re-opening a permit can be very burdensome on the regulator and the 
facility. Therefore, the objective in determining a production estimate 
for a facility is to develop a reasonable measure of production which 
can reasonably be expected to prevail during

[[Page 508]]

the next term of the permit or control mechanism. The production 
estimate is used in combination with the production-based limitations 
to establish a maximum mass of pollutant that may be discharged each 
day and month. However, if the permit or control mechanism production 
rate is based on the maximum month, then the permit could allow 
excessive discharges of pollutants during significant portions of the 
life of the permit/control mechanism. These excessive allowances may 
discourage facilities from ensuring optimal waste management, water 
conservation, and wastewater treatment practices during lower 
production periods. On the other hand, if the average production rate 
is based on an average derived from the highest year of production over 
the past five years, then facilities may have trouble ensuring that 
their waste management, water conservation, and wastewater treatment 
practices can accommodate shorter periods of higher production. This 
might require facilities to target a more stringent treatment level 
than that on which the limits and standards were based during these 
periods of high production. To accomplish this, facilities would likely 
have to develop more efficient treatment systems, greater hydraulic 
surge capacity, and better water conservation and waste management 
practices, or they may have to contract haul a portion of their 
wastewater to off-site disposal during these periods.

b. Alternatives for Establishing Permit Effluent Limitations and 
Standards

    EPA is soliciting comment on several alternative approaches that 
may result in more stringent mass-based permits/control mechanisms for 
some facilities with better protection of the environment for the 
entire life of a permit/control mechanism and may result in higher 
costs. Each alternative requires that production from unit operations 
that do not generate or discharge process wastewater shall not be 
included in the calculation of operating rates.
    Alternative A: This is the basis for today's proposed limits. It 
retains the essential requirements of the rule that EPA currently 
regulates Steel Forming and Finishing facilities under (40 CFR 420.04). 
However, today's proposal provides additional instructions for avoiding 
approaches that result in unrealistically high estimates of actual 
production by only considering production from all production units 
that could occur simultaneously (see Sec. 438.58(b)). This may result 
in higher costs for those facilities with current permit or control 
mechanism conditions based on production levels that are higher than 
levels that could occur simultaneously at multiple process units.
    In determining the production rate for the Steel Forming and 
Finishing subcategory, EPA is proposing to require permit writers and 
control authorities to use the following protocols:
    (1) For similar, multiple production lines with process waters 
treated in the same wastewater treatment system, the reasonable measure 
of production shall be determined from the combined production of the 
similar production lines during the same time period.
    (2) For process wastewater treatment systems where wastewater from 
two or more different production lines are commingled in the same 
wastewater treatment system, the reasonable measure of production shall 
be determined separately for each production line (or combination of 
similar production lines) during the same time period.
    Alternative B: The Agency is considering including in the rule a 
requirement for the permit writer/control authority to establish multi-
tiered limits and pretreatment standards. Permit writers and control 
authorities currently use their best professional judgment for 
establishing multi-tiered permits. The Agency has issued guidance for 
use in considering multi-tiered permits (see chapter 5 of the ``U.S. 
EPA NPDES Permit Writers'' Manual,'' (EPA-833-8-96-003, December 1996) 
and chapter 7 of the ``Industrial User Permitting Guidance Manual,'' 
(EPA 833/R-89-001, September 29, 1989)).
    In situations where a single set of effluent limitations or 
standards are not appropriate for the permit's (or control mechanism's) 
entire period, a tiered permit/control mechanism may be established. 
One set of limits would apply for periods of average production along 
with other sets which take effect when there are significant changes in 
the average production rate. The guidance notes that a 10 to 15 percent 
deviation above or below the long-term average production rate is 
within the range of normal variability. Predictable changes in the 
long-term production higher than this range would warrant consideration 
of a tiered or multi-tiered permit/control mechanism. Based on EPA's 
limited data, the facilities in the Steel Forming and Finishing 
subcategory may have a variable production rate where the permit/
control mechanism modification process is not fast enough to respond to 
the need for higher or lower equivalent limits.
    Alternative C: To provide a basis for deriving a permit/control 
mechanism production rate that is consistent with the term reasonable 
measure of actual production and that can be applied consistently for 
facilities in the Steel Forming and Finishing subcategory, EPA is also 
considering including a definition of ``production'' specific to this 
subcategory in the rule. The modified definition for use in developing 
the permit/control mechanism production basis would be the average 
daily operating rate for the year with the highest annual production 
over the past five years, taking into account the annual hours of 
operation of the production unit and the typical operating schedule of 
the production unit, as illustrated by the following example:

Highest annual production from previous five years: 3,570,000 tons.
Operating hours: 8,400 hours.
Hourly operating rate: 425 tons/hour.
Average daily operating rate (24 hour day): 10,200 tons/day.

    The above example is for a process unit that is operated typically 
24 hours per day with short-term outages for maintenance on a weekly or 
monthly basis. For facilities in the Steel Forming and Finishing 
subcategory that are operated typically less than 24 hours per day, the 
average daily operating rate must be determined based on the typical 
operating schedule (e.g., 8 hours per day for a facility operated one 
8-hour turn (or shift) per day; 16 hours per day for a facility 
operated for two 8-hour turns per day). For example:

Highest annual production from previous five years: 980,000 tons.
Operating hours: 4,160 hours.
Hourly operating rate: 235.6 tons/hour.
Average daily operating rate (16 hour day): 3,769 tons/day.

    In this example, EPA recognizes that the approach could cause 
problems for a facility that was operated 16 hours/day at the time the 
permit was issued and then wished to change to 24 hours/day based on 
unforseen changes in market conditions. To address this issue, the 
approach could be combined with the tiered permit approach discussed 
above.
    For multiple similar process units discharging to the same 
wastewater treatment system with one compliance point (e.g., two 
electroplating lines operated with one treatment system for process 
waters), the year with the highest annual production over the previous 
five years under Alternative C would be determined on the basis of the

[[Page 509]]

sum of annual production for both electroplating lines. Then, based on 
this year's average daily operating rate, the daily production rates 
would be calculated as above independently for each electroplating line 
using total annual production and annual operating hours for each line. 
The daily production values would be summed to calculate the average 
daily operating rate for the combination of the two lines. For example, 
consider the following production data:

----------------------------------------------------------------------------------------------------------------
                                                                  Electroplating  Electroplating
                              Year                                 line A (tons)   line B (tons)   Total  (tons)
----------------------------------------------------------------------------------------------------------------
1995............................................................       1,859,000       1,305,000       3,155,000
1996............................................................       1,675,000       1,425,000       3,100,000
1997............................................................       1,760,000       1,406,000       3,166,000
1998............................................................       1,580,000       1,328,000       2,908,000
1999............................................................       1,825,000       1,380,000       3,205,000
----------------------------------------------------------------------------------------------------------------

    Annual maximum production rates for each electroplating line and 
the combination of the two lines are italicized. In this example, 1999 
was the maximum production year for the combination of the 
electroplating lines and the data from each line that year would be 
used to calculate the average daily operating rates. Had the 1995 data 
from Electroplating Line A and the 1996 data from Electroplating Line B 
been used in combination (3,275,000 tons), an unrealistic measure of 
actual production might have resulted if the two electroplating lines 
could not produce at these high levels concurrently.
    In contrast to the previous example, for multiple process units 
that are not similar, but have process wastewater commingled prior to 
treatment in one central wastewater treatment system with one 
compliance point, the year with the highest production over the 
previous five years would be determined separately for each production 
unit (or combination of similar and different production units) with 
the highest annual production. For example, consider a situation where 
process wastewater for an electroplating line, a pressure deformation 
operation, and an acid pickling operation are discharged through one 
compliance point. Consider the following example:

----------------------------------------------------------------------------------------------------------------
                                                                                     Pressure
                              Year                                Electroplating    deformation    Acid pickling
                                                                      (tons)          (tons)          (tons)
----------------------------------------------------------------------------------------------------------------
1995............................................................         575,000         650,000         900,000
1996............................................................         650,000         700,000       1,000,000
1997............................................................         675,000         850,000         950,000
1998............................................................         750,000         825,000       1,125,000
1999............................................................         700,000         600,000         900,000
----------------------------------------------------------------------------------------------------------------

    In this example, 1998 production data for the electroplating line, 
1997 data from the pressure deformation operation, and 1998 data for 
the acid pickling operation would be used to develop the effluent 
limitations or pretreatment standards used in the permit/control 
mechanism.
    Alternative D: The Agency is considering establishing production-
based maximum monthly average effluent limitations and standards in 
combination with daily-maximum concentration-based effluent limitations 
and standards. Under this alternative, the maximum monthly average 
NPDES permit and pretreatment control mechanism mass basis requirements 
would be determined using the part 438 subpart E production-based 
standards in combination with a reasonable measure of actual 
production, such as Alternative C above. However, the daily-maximum 
requirements would be in the form of effluent concentrations that would 
be included in part 438 subpart E in lieu of the daily-maximum 
production-based mass effluent limitations guidelines and standards. 
These daily maximum concentrations set out as effluent limitations 
guidelines and standards would be based on the long-term averages and 
variability factors derived from EPA sampling conducted post-proposal 
at steel forming and finishing facilities representative of BAT.
    The Agency believes this approach would effectively address the 
potential issue cited above regarding short-term peaks in production 
under most circumstances. There would be no additional burden on the 
industry and permitting or control authorities for applying for and 
writing NPDES permits or pretreatment control mechanisms. Permitting 
and control authorities may need to revise their automated compliance 
tracking systems to account for both mass and concentration limitations 
at the same outfall, which is a common feature in many NPDES permits 
and pretreatment control mechanisms issued prior to this proposal.
    EPA solicits comments on these alternatives to the proposed 
production bases for calculating effluent limitations and pretreatment 
standards used in NPDES permits or control mechanisms. In particular, 
the Agency solicits comments on related costs and any technical 
difficulties that steel forming and finishing facilities might have in 
meeting limits during short periods of high production. EPA also 
solicits other options for consideration.

C. Monitoring Flexibility

1. Monitoring Waiver
    EPA's Small Business Advocacy Review (SBAR) Panel encouraged EPA to 
``explore options for allowing certification in lieu of monitoring 
where an operator can determine, based on knowledge of the facility and 
its processes, that certain pollutants are not likely to be present or 
are adequately controlled.'' (See Section XXII.C for a discussion on 
the recommendations of the SBAR Panel). Other stakeholders expressed 
similar requests during public meetings with the Agency. Therefore, in 
an effort to reduce monitoring burden on facilities, EPA is proposing 
to allow MP&M indirect discharge facilities to

[[Page 510]]

apply for a waiver that would allow them to reduce their monitoring 
burden (EPA discusses existing monitoring waivers available for direct 
dischargers later in this section). In order for a facility to receive 
a monitoring waiver, the facility would need to certify in writing to 
the control authority (e.g., POTW) that the facility does not use, nor 
generate in any way, a pollutant (or pollutants) at its site and that 
the pollutant (or pollutants) is present only at background levels from 
intake water and without any increase in the pollutant due to 
activities of the discharger. The facility would need to base this 
certification on sampling data or other technical factors. The 
certification would not be a waiver from the pollutant numerical limit 
in the control mechanism (i.e., permit). It would only be a waiver from 
the monitoring requirements. In addition, EPA would still require the 
industrial user to monitor for the specified pollutants as part of the 
Baseline Monitoring Report (Sec. 403.12(b)) and the 90-day Compliance 
Report (Sec. 403.12(d)). EPA believes control authorities can use the 
sampling data generated from the Baseline Monitoring Report and the 90-
day Compliance Report in conjunction with technical information on the 
raw materials and chemical processes used at the facility to determine 
whether there is sufficient reason to allow the monitoring waiver for 
any of the MP&M limited pollutants. Although EPA expects this 
monitoring waiver to reduce burden overall, the Agency estimates the 
burden associated with preparing the certification statement and 
related documentation as required by the Paper Reduction Act (see 
Section XXII.A for burden estimates).
    EPA is proposing that the certification statement be submitted at 
the same time indirect discharging MP&M facilities submit ``periodic 
reports on continued compliance'' as directed by the General 
Pretreatment Standards (40 CFR 403.12(e)). Indirect dischargers submit 
such reports twice per year (typically June and December). In addition, 
the certification would need to be signed by the same individual that 
is authorized to sign the periodic reports as described in the General 
Pretreatment Standards 403.12(l). This monitoring waiver would be 
similar to the waiver in the Proposed ``Streamlining the General 
Pretreatment Regulations for Existing and New Sources of Pollution,'' 
64 FR 39564; July 22, 1999 (commonly referred to as ``Pretreatment 
Streamlining''). If EPA promulgates the final Pretreatment Streamlining 
regulations prior to the final MP&M effluent guidelines and those 
regulations contain a similar provision then a waiver specific to MP&M 
facilities would be unnecessary.
    EPA recently promulgated a regulation to streamline the NPDES 
regulations (``Amendments to Streamline the National Pollutant 
Discharge Elimination System Program Regulations: Round Two'' (65 FR 
30886; May 15, 2000)). These revisions include a similar monitoring 
waiver for direct dischargers subject to effluent guidelines. Direct 
discharge facilities may forego sampling of a guideline-limited 
pollutant if that discharger ``has demonstrated through sampling and 
other technical factors that the pollutant is not present in the 
discharge or is present only at background levels from intake water and 
without any increase in the pollutant due to activities of the 
discharger.'' (65 FR 30908. 40 CFR 122.44). EPA noted, in the preamble 
to the final NPDES Streamlining rule, that it is providing a waiver 
from monitoring requirements, but not a waiver from the limit. In 
addition, the revision does not waive monitoring for any pollutants for 
which there are limits based on water quality standards. The waiver for 
direct dischargers lasts for the term of the NPDES permit and is not 
available during the term of the first permit issued to a discharger. 
Any request for this waiver under these revisions to the NPDES 
regulations must be submitted when applying for a reissued permit or 
modification of a reissued permit. Therefore, EPA is not proposing a 
monitoring waiver in the MP&M regulations for direct dischargers. When 
authorized by their permit writer, direct discharge facilities covered 
by any effluent guidelines (including MP&M) will be able to use the 
monitoring waiver contained in the NPDES streamlining final rule.
2. Monitoring Flexibility for Organic Pollutants
    In an effort to reduce burden on MP&M facilities, EPA proposes 
three alternatives to allow for maximum flexibility while ensuring 
reductions in the amount of organic pollutants discharged from MP&M 
facilities. EPA is proposing to require MP&M facilities within the 
scope of this rule to either: (1) Meet a numerical limit for the total 
sum of a list of specific organic pollutants (similar to the Total 
Toxic Organics or TTO parameter used in the Metal Finishing Effluent 
Guidelines); (2) meet a numerical limit for TOC as an indicator 
parameter; or (3) develop and certify the implementation of an organic 
pollutant management plan.
    As discussed in section II.D, EPA proposed using an organic 
pollutant indicator parameter in the 1995 Phase I MP&M proposal. At 
that time, however, the Agency did not provide the alternative of 
monitoring for individual organic pollutants. In an effort to provide 
such an alternative, EPA reviewed the sampling data to identify 
individual organic pollutants for which the Agency could develop 
individual limits. Due to the variety of organic pollutants used across 
MP&M facilities, EPA determined that it would be burdensome to 
facilities and permit writers to have to determine which limits to 
apply to a facility. Instead, EPA is proposing an approach similar to 
the one used in the Metal Finishing Effluent Guidelines (40 CFR part 
433). EPA developed a list of organic pollutants, called the Total 
Organics Parameter (TOP), using the list of organic priority pollutants 
and other nonconventional organic pollutants that met EPA's ``pollutant 
of concern'' criteria for this rule (see Section VII for a discussion 
on the selection of the MP&M pollutants of concern). Of the non-
conventional organic chemicals on the MP&M pollutant of concern list, 
EPA included only those that were removed in appreciable quantities by 
the selected technology option (based on toxic weighted pound-
equivalents) in two or more subcategories. See appendix B to part 438 
of the proposed rule accompanying this notice for a list of organic 
pollutants that comprise the proposed Total Organics Parameter (TOP). 
EPA has derived the numerical limit for TOP based on the contribution 
of each of the organic pollutants on the list in Appendix B using the 
data collected during sampling and determined its limitation using the 
same statistical methodology used for other limits developed for this 
proposal (see Section VIII.B). In any case where the data for these 
pollutants indicated a level below the minimum level (i.e., below 
quantitation), EPA used the minimum level for the specific pollutant in 
the summation of the total organics parameter limit. Facilities will 
only have to monitor for those TOP chemicals that are reasonably 
present (see XXI.C.1 for a discussion on monitoring waivers). Note that 
the TOP limit shall not be adjusted for those pollutants that are not 
reasonably present. EPA solicits comment on this methodology. For 
compliance purposes, pollutants that have been given a waiver (because 
they are not reasonably present) will be counted as zero in the TOP 
limit. For remaining pollutants, the reported value, when above the 
detection limit, shall be used in the TOP calculation. When a pollutant 
is

[[Page 511]]

reported as a ``non-detect'' (i.e., not found above the nominal 
quatitation value listed in appendix B of the proposed rule), the 
nominal quantitation value shall be used in the TOP calculation.
    EPA considered using the same list of organic chemicals as in the 
Metal Finishing effluent guidelines Total Toxic Organics (TTO) list (40 
CFR 433.11(e)), but rejected this approach. EPA did not include all 
parameters from the Metal Finishing TTO list because: (1) EPA did not 
find many of the TTO parameters in the wastewater sampled for the MP&M 
rule; (2) many of the listed organics are pesticides that are no longer 
manufactured (e.g., DDT) and would not be used in MP&M operations; and 
(3) most facilities subject to the Metal Finishing TTO limits switched 
to the use of solvents (or aqueous cleaners) that do not contain the 
organic chemicals on the Metal Finishing TTO list.
    As discussed above, EPA is also proposing to allow the use of an 
indicator parameter to measure the presence of organic pollutants in 
MP&M process wastewater. Facilities can monitor for the organic 
pollutants specified in the total organics parameter list (as discussed 
above) to demonstrate compliance with the TOP limit or they can monitor 
for Total Organic Carbon (TOC) and meet the TOC limit. EPA chose TOC as 
an indicator parameter because of its ability to measure all types of 
organic pollutants. EPA solicits comment on the use of TOC as an 
indicator pollutant for the organic pollutants typically found in 
wastewater discharges from MP&M facilities. EPA also requests comment 
on whether the Agency should allow facilities to choose an indicator 
pollutant from a given set of choices (e.g., COD, Oil & Grease (as 
HEM), TOC, Total Petroleum Hydrocarbons (as SGT-HEM)). EPA found TOC to 
be the best general indicator parameter for measuring the sum of 
organic compounds in a wastestream. EPA notes, however, that to 
determine the best indicator parameter for a particular wastestream, a 
facility would need to consider the specific organic components found 
in its wastestreams.
    Finally, EPA is proposing a third alternative to reduce monitoring 
burden--the use of an organic pollutant management plan. The organic 
pollutant management plan would need to specify, to the satisfaction of 
the permitting authority or control authority, the toxic and non-
conventional organic constituents used at the facility; the disposal 
method used; the procedures in place for ensuring that organic 
pollutants do not routinely spill or leak into the wastewater or that 
minimize the amount of organic pollutants used in the process; the 
procedures in place to manage the oxidation reduction potential (ORP) 
during cyanide destruction to control the formation of chlorinated 
organic byproducts; and the procedures to prevent the over dosage of 
dithiocarbamates when treating chelated wastewater. Facilities choosing 
to develop an organic pollutant management plan would need to certify 
that the procedures described in the plan are being implemented at the 
facility. Based on the current data base, EPA is concerned that 
wastewater generated by facilities in the Oily Wastes subcategory may 
require end-of-pipe treatment to reduce the concentrations of organic 
pollutants and that an organic management plan alone may not adequately 
control organic-bearing wastewater at facilities containing significant 
quantities of oil-bearing wastewater. Although EPA is proposing the use 
of the organics management plan be offered to Oily Wastes facilities, 
EPA solicits comment on whether sites with significant amounts of oil-
bearing wastewater (for example, a facility in the Oily Waste 
subcategory) should be eligible for the use of an organic pollutant 
management plan in lieu of monitoring for TOP (Total Organics 
Parameter) or TOC (as an indicator).
3. Monitoring for Cyanide
    For the General Metals, Metal Finishing Job Shop, Printed Wiring 
Board, and Steel Forming and Finishing subcategories, EPA is proposing 
to set a total cyanide limit. The point of compliance would be based on 
monitoring for total cyanide directly after cyanide treatment, before 
combining the cyanide treated effluent with other wastestreams. EPA is 
also proposing an alternative where a facility may take samples of 
final effluent, in order to meet the total cyanide limit, if the 
control authority adjusts the permit limits based on the dilution ratio 
of the cyanide wastestream flow to the effluent flow.
    In addition, EPA has selected alkaline chlorination using sodium 
hypochlorite as the best available economically achievable technology 
for treating cyanide bearing wastewater from MP&M facilities. Not all 
cyanide however is amenable to alkaline chlorination due to 
``unavoidable'' complexing with other compounds at the process source 
of the cyanide-bearing wastestreams. EPA believes that for some 
facilities it may be more accurate to monitor for the portion of 
cyanide in their wastewater that is amenable to alkaline chlorination 
than to measure total cyanide which may include cyanide complexes that 
this technology is not likely to treat. Therefore, EPA is also 
proposing an alternative ``amenable cyanide'' limit for each of these 
subcategories which a facility may use directly after cyanide treatment 
(e.g., before combining the cyanide treated effluent with other 
wastestreams). The Agency proposes to allow the use of this limit upon 
the agreement of the facility and its permit writer or control 
authority (e.g., POTW). However, when segregated cyanide treatment is 
in place as a preliminary step prior to commingling wastewater for 
chemical precipitation, EPA would allow the amenable cyanide 
alternative limit to be measured at the end-of-pipe (i.e., final 
effluent) if the control authority adjusts the permit limits based on 
the dilution ratio of the cyanide wastestream flow to the effluent 
flow. If facilities are not using cyanide destruction treatment on 
cyanide-bearing wastestreams prior to commingling with metal-bearing 
streams, additional complexing can occur. This additional complexing 
would render the cyanide ``non-amenable'' when it would otherwise be 
amenable to alkaline chlorination. EPA considers such complexing to be 
``avoidable'' and would not allow the use of end-of-pipe monitoring for 
amenable cyanide when in-process cyanide destruction is not performed. 
(See the final Organic Chemicals, Plastics and Synthetic Fibers 
Category Effluent Limitations Guidelines for a discussion on non-
amenable versus amenable cyanide; 57 FR 41836; September 11, 1992).

D. Pollution Prevention Alternative for the Metal Finishing Job Shops 
Subcategory

    EPA is soliciting comment on a compliance alternative that the 
Agency is considering for the Metal Finishing Job Shops subcategory of 
this proposed regulation (See Section VI.C.3. of this preamble for a 
description of this subcategory). The purpose of a pollution prevention 
compliance alternative (``P2 Alternative'') is to reduce economic 
impacts on the facilities in the Metal Finishing Job Shops subcategory 
and to take into consideration the activities and achievements of this 
Common Sense Initiative (``CSI'') sector to test innovative approaches 
to environmental protection, which has culminated in the National Metal 
Finishing Strategic Goals Program.
    The National Metal Finishing Strategic Goals Program (``SGP'') was

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developed out of EPA's sector based Common Sense Initiative. In 1994, 
EPA launched the CSI to promote ``cleaner, cheaper, and smarter'' 
environmental performance, using a non-adversarial, stakeholder 
consensus process to test innovative ideas and approaches. The SGP is a 
cooperative effort that involves all stakeholders (e.g., industry, 
regulators, environmental/citizen groups) to define a fundamentally 
different approach to environmental and public health protection by 
exploring a more flexible, cost-effective and environmentally 
protective solutions tailored to specific industry needs. The Metal 
Finishing SGP is a performance-based, voluntary program which includes 
commitments by the industry to meet multimedia environmental targets 
substantially reducing pollution from their operations beyond what is 
required by law. These goals will conserve water, energy and metals, 
and reduce hazardous emissions. The other stakeholders in this process 
(EPA, State and local regulators, and environmental/community groups) 
have also committed to working with the industry participants to help 
them meet their goals through compliance, technical, and financial 
assistance, removing regulatory and policy barriers, offering 
incentives, and an open dialogue as issues arise. (See http://
www.strategicgoals.org for more information about the SGP and the 
Common Sense Initiative).
    The SGP represents a long-term strategic vision for improved 
environmental protection by the entire metal finishing industry. The 
metal finishing industry's tangible commitment to work with the Agency 
lays the foundation for this pollution prevention (P2) compliance 
alternative.
    The Agency is considering allowing indirect discharge facilities in 
the Metal Finishing Job Shops subcategory, with approval by their 
control authority (e.g., POTW), to demonstrate compliance with 
specified pollution prevention and water conservation practices (in 
addition to maintaining compliance with the existing Metal Finishing 
and Electroplating Effluent Guidelines or approved local water quality-
based limits, whichever is more stringent) in lieu of meeting the 
requirements of the MP&M regulation. Facilities in the Metal Finishing 
Job Shops subcategory that do not wish to use the compliance 
alternative would need to meet the full requirements of the MP&M 
regulation as specified in today's proposed rule.
    EPA solicits comment on whether to allow all facilities in the 
Metal Finishing Job Shops subcategory to comply with the P2 Alternative 
or whether the P2 Alternative should only be available to facilities 
below a specified wastewater discharge volume. EPA has proposed low 
flow exclusions for indirect dischargers in the General Metals (1 MGY) 
and Oily Wastes (2 MGY) subcategories due to potential permitting 
burden on POTWs (see Sections II.D, VI.C and XII for a discussion on 
low flow exclusions).
    One way that EPA is considering to specify pollution prevention and 
water conservation practices, without stifling innovation and advances, 
is to require facilities to choose practices from a larger list (or 
menu) of categories of specified practices (see below). EPA is 
considering requiring practices in all ten categories. The following is 
an example of the format and potential pollution prevention practices 
that EPA is considering for incorporation into the final MP&M rule:

Category 1. Must Use Practices That Reduce and/or Recover Drag-Out

    To satisfy this requirement, facilities must implement three or 
more drag-out reduction practices or use at least one drag-out recovery 
(i.e., chemical recovery) technology listed below on all electroplating 
or surface finishing lines.
Drag-out Reduction Practices
     Lower process solution viscosity and/or surface tension by 
lowering chemical concentration, increasing bath temperature, or use 
wetting agents.
     Reduce drag-out volume by modifying rack/barrel design and 
perform rack maintenance to avoid solution trapping under insulation.
     Position parts on racks in a manner that avoids trapping 
solution.
     Reduce speed of rack/barrel withdraw from process solution 
and/or increase dwell time over process tank.
     Rotate barrels over process tank to improve drainage.
     Use spray/fog rinsing over the process tank (limited 
applicability).
     Use drip boards and return process solution to the process 
tank.
     Use drag-out tanks, where applicable, and return solution 
to the process tank.
     Work with customers to ensure that part design maximizes 
drainage
Drag-out Recovery
    Use a chemical recovery technology to recover drag-out from 
wastewater.
     Evaporators
     Ion exchange
     Electrowinning
     Electrodialysis
     Reverse osmosis

Category 2. Must Use Good Rinse System Design for Water Conservation

    To satisfy this requirement, facilities must implement three or 
more elements of good rinse system design listed below on all 
electroplating or surface finishing lines:
     Select the minimum size rinse tank in which the parts can 
be rinsed and use the same size for the entire plating line, where 
practical.
     Locate the water inlet and discharge points of the tank at 
opposite positions in the tank to avoid short-circuiting or use a flow 
distributor to feed the rinse water evenly.
     Use air agitation, mechanical mixing or other means of 
turbulence.
     Use spray/fog rinsing (less effective with hidden 
surfaces).
     Use multiple rinse tanks in a counter-flow configuration 
(i.e., counter-current cascade rinsing).
     Reuse rinse water multiple times in different rinse tanks 
for succeeding less critical rinsing

Category 3. Must Use Water Flow Control for Water Conservation

    To satisfy this requirement, facilities must implement at least one 
effective method of water use control on all electroplating or surface 
finishing lines. Effective water use controls include, but are not 
limited to:
     Flow restrictors (Flow restrictors as a stand alone method 
of rinse water control are only effective with plating lines that have 
constant production rates, such as automatic plating machines. For 
other operations, there must also be a mechanism or procedure for 
stopping water flow during idle periods.)
     Conductivity controls
     Timer rinse controls
     Production activated control (e.g., spray systems 
activated when a rack or barrel enters/exits a rinse station)

Category 4. Must Segregate Non-Process Water From Process Water

    To satisfy this requirement, facilities must not combine non-
process water such as non-contact cooling water with process wastewater 
prior to wastewater treatment.

Category 5. Must Use Water Conservation Practices With Air Pollution 
Control Devices

    To satisfy this requirement, facilities operating air pollution 
control devices with wet scrubbers must recirculate the scrubber water 
as appropriate (periodic blowdown is allowed, as needed). Where 
feasible, reuse scrubber water in process baths.

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Category 6. Must Practice Good Housekeeping

    To satisfy this requirement, facilities must demonstrate compliance 
with each of the requirements listed below:
     Perform preventative maintenance on all valves and 
fittings (i.e., check for leaks and damage) and repair leaky valves and 
fittings in a timely manner.
     Inspect tanks and liners and repair or replace equipment 
as necessary to prevent ruptures and leaks. Use tank and liner 
materials that are appropriate for associated process solutions.
     Perform quick cleanup of leaks and spills in chemical 
storage and process areas.
     Remove metal buildup from racks and fixtures.

Category 7. Minimize the Entry of Oil Into Rinse Systems

    To satisfy this requirement, facilities must do at least one of the 
practices listed below:
     Minimize the entry of oil into cleaning baths or use oil 
skimmers or other oil removal devices in cleaning baths when needed to 
prevent oil from entering rinse tanks.
     Work with customers to degrease parts prior to shipment to 
the plating facility to minimize the amount of oils on incoming 
materials.

Category 8. Must Sweep or Vacuum Dry Production Areas Prior to Rinsing 
With Water

    To satisfy this requirement, facilities must sweep or vacuum dry 
production area floors prior to rinsing with water.

Category 9. Must Reuse Drum/Shipping Container Rinsate Directly in 
Process Tanks

    To satisfy this requirement, when performing rinsing of raw 
material drums, storage drums, and/or shipping containers that contain 
pollutants regulated under the MP&M regulation, facilities must reuse 
the rinsate directly into process tanks or save for use in future 
production.

Category 10. Must Implement Environmental Management and Record Keeping 
System

    To satisfy this requirement, facilities must meet the requirements 
listed below:
      Implement an environmental management program that 
includes, but is not limited to, the following elements:
      Pollution prevention policy statement,
      Environmental performance goals,
      Pollution prevention assessment,
      Pollution prevention plan,
      Environmental tracking and record keeping system,
      Procedures to optimize control parameter settings (e.g., 
ORP set point in cyanide destruction systems, optimum pH for chemical 
precipitation systems, etc.), and
     Statement delineating minimum training levels for 
wastewater treatment operators.
(EPA notes that it has developed a template for a metal finishing 
facility-specific Environmental Management System that is being used in 
conjunction with the SGP in EPA's Region 9 in California--see http://
www.strategicgoals.org/tools/home.htm for information on this 
template).
    The first two categories listed above involve practices and 
techniques for reducing drag-out. Drag-out is the film of chemical 
solution covering parts and fixtures as they exit process solutions. 
For many metal finishing operations, drag-out and the subsequent 
contamination of rinse waters is the major pollution control challenge. 
Reducing the formation of drag-out, minimizing the introduction of 
drag-out to rinse systems, and recovering drag-out are important 
pollution prevention measures. EPA believes that drag-out reduction and 
recovery may prevent a substantial pollutant loading of metals from 
being discharged to the POTW. However, EPA did not have sufficient 
information on the pollutant reductions, capital costs, and operating 
and maintenance costs associated with installation and operation of 
drag-out reduction and recovery technologies to include such equipment 
explicitly into the model that EPA uses to develop national estimates 
of compliance costs and pollutant reductions. Some aspects of drag-out 
reduction are captured in the flow rinse reduction modules of the cost 
and loadings model (see the Technical Development Document for a 
detailed discussion of the cost and loadings model). Good rinse design 
can reduce contamination of rinse water as well as reduce the volume of 
fresh water needed to perform the necessary rinsing. It also reduces 
the volume of wastewater requiring treatment, which in turn reduces 
costs and the volume of wastewater treatment sludge requiring disposal. 
EPA specifically solicits data on the pollutant reductions, capital 
costs, and operating and maintenance costs associated with installation 
and operation of drag-out reduction and recovery technologies.
    EPA is considering allowing facilities complying with the P2 
Alternative to substitute another pollution prevention practice for one 
listed above provided that the facility provides adequate justification 
for the modification in a written request submitted to the control 
authority. Facility owners must certify compliance with the pollution 
prevention requirements twice per year and maintain records at the 
facility indicating how each category requirement has been satisfied. 
Facilities choosing the P2 Alternative would also need to agree to make 
the practices enforceable. Reporting would occur in conjunction with 
their twice annual periodic reports on continued compliance under the 
General Pretreatment Regulations (40 CFR 403.12(e)).
    EPA solicits comment on all aspects of the Pollution Prevention 
Alternative for the Metal Finishing Job Shops subcategory including the 
list of practices as well as the possible format for the alternative. 
More specifically, EPA requests comment on whether there are additional 
practices that should be listed, the costs of implementing this 
compliance alternative, the pollutant reduction associated with this 
alternative, and whether EPA should offer this alternative to other 
subcategories (even those not currently regulated by the Metal 
Finishing and Electroplating effluent guidelines). EPA also requests 
comments from local regulators on the implementation burden, the 
required documentation, and on the ability to enforce a P2 Alternative.

E. Upset and Bypass Provisions

    A ``bypass'' is an intentional diversion of the streams from any 
portion of a treatment facility. An ``upset'' is an exceptional 
incident in which there is unintentional and temporary noncompliance 
with technology-based permit effluent limitations because of factors 
beyond the reasonable control of the permittee. EPA's regulations 
concerning bypasses and upsets for direct dischargers are set forth at 
40 CFR 122.41(m) and (n) and for indirect dischargers at 40 CFR 403.16 
and Sec. 403.17.

F. Variances and Modifications

    The CWA requires application of effluent limitations established 
pursuant to section 301 or pretreatment standards of section 307 to all 
direct and indirect dischargers. However, the statute provides for the 
modification of these national requirements in a limited number of 
circumstances. Moreover, the Agency has established administrative 
mechanisms to provide an opportunity for relief from the application of 
the national effluent limitations guidelines and pretreatment standards 
for categories of existing sources for toxic, conventional, and 
nonconventional pollutants.

[[Page 514]]

1. Fundamentally Different Factors Variances
    EPA will develop effluent limitations or standards different from 
the otherwise applicable requirements if an individual discharging 
facility is fundamentally different with respect to factors considered 
in establishing the limitation of standards applicable to the 
individual facility. Such a modification is known as a ``fundamentally 
different factors'' (FDF) variance.
    Early on, EPA, by regulation provided for the FDF modifications 
from the BPT effluent limitations, BAT limitations for toxic and 
nonconventional pollutants and BPT limitations for conventional 
pollutants for direct dischargers. For indirect dischargers, EPA 
provided for modifications from pretreatment standards. FDF variances 
for toxic pollutants were challenged judicially and ultimately 
sustained by the Supreme Court. (Chemical Manufacturers Assn v. NRDC, 
479 U.S. 116 (1985)).
    Subsequently, in the Water Quality Act of 1987, Congress added new 
section 301(n) of the Act explicitly to authorize modifications of the 
otherwise applicable BAT effluent limitations or categorical 
pretreatment standards for existing sources if a facility is 
fundamentally different with respect to the factors specified in 
section 304 (other than costs) from those considered by EPA in 
establishing the effluent limitations or pretreatment standard. Section 
301(n) also defined the conditions under which EPA may establish 
alternative requirements. Under Section 301(n), an application for 
approval of FDF variance must be based solely on (1) information 
submitted during rulemaking raising the factors that are fundamentally 
different or (2) information the applicant did not have an opportunity 
to submit. The alternate limitation or standard must be no less 
stringent than justified by the difference and must not result in 
markedly more adverse non-water quality environmental impacts than the 
national limitation or standard.
    EPA regulations at 40 CFR part 125 subpart D, authorizing the 
Regional Administrators to establish alternative limitations and 
standards, further detail the substantive criteria used to evaluate FDF 
variance requests for direct dischargers. Thus, 40 CFR 125.31(d) 
identifies six factors (e.g., volume of process wastewater, age and 
size of a discharger's facility) that may be considered in determining 
if a facility is fundamentally different. The Agency must determine 
whether, on the basis of one or more of these factors, the facility in 
question is fundamentally different from the facilities and factors 
considered by EPA in developing the nationally applicable effluent 
guidelines. The regulation also lists four other factors (e.g., 
infeasibility of installation within the time allowed or a discharger's 
ability to pay) that may not provide a basis for an FDF variance. In 
addition, under 40 CFR 125.31(b)(3), a request for limitations less 
stringent than the national limitation may be approved only if 
compliance with the national limitations would result in either (a) a 
removal cost wholly out of proportion to the removal cost considered 
during development of the national limitations, or (b) a non-water 
quality environmental impact (including energy requirements) 
fundamentally more adverse than the impact considered during 
development of the national limits. EPA regulations provide for an FDF 
variance for indirect dischargers at 40 CFR 403.13. The conditions for 
approval of a request to modify applicable pretreatment standards and 
factors considered are the same as those for direct dischargers.
    The legislative history of section 301(n) underscores the necessity 
for the FDF variance applicant to establish eligibility for the 
variance. EPA's regulations at 40 CFR 125.32(b)(1) are explicit in 
imposing this burden upon the applicant. The applicant must show that 
the factors relating to the discharge controlled by the applicant's 
permit which are claimed to be fundamentally different are, in fact, 
fundamentally different from those factors considered by the EPA in 
establishing the applicable guidelines. The pretreatment regulations 
incorporate a similar requirement at 40 CFR 403.13(h)(9).
    An FDF variance is not available to a new source subject to NSPS or 
PSNS.
2. Economic Variances
    Section 301(c) of the CWA authorizes a variance from the otherwise 
applicable BAT effluent guidelines for nonconventional pollutants due 
to economic factors. The request for a variance from effluent 
limitations developed from BAT guidelines must normally be filed by the 
discharger during the public notice period for the draft permit. Other 
filing time periods may apply, as specified in 40 CFR 122.21(1)(2). 
Specific guidance for this type of variance is available from EPA's 
Office of Wastewater Management.
3. Water Quality Variances
    Section 301(g) of the CWA authorizes a variance from BAT effluent 
guidelines for certain nonconventional pollutants due to localized 
environment factors. These pollutants include ammonia, chlorine, color, 
iron, and total phenols.
4. Permit Modifications
    Even after EPA (or an authorized State) has issued a final permit 
to a direct discharger, the permit may still be modified under certain 
conditions. (When a permit modification is under consideration, 
however, all other permit conditions remain in effect.) A permit 
modification may be triggered in several circumstances. These could 
include a regulatory inspection or information submitted by the 
permittee that reveals the need for modification. Any interested person 
may request that a permit modification be made. There are two 
classifications of modifications; major and minor. From a procedural 
standpoint, they differ primarily with respect to the public notice 
requirements. Major modifications require public notice while minor 
modifications do not. Virtually any modification that results in less 
stringent conditions is treated as a major modifications, with 
provisions for public notice and comment. Conditions that would 
necessitate a major modification of a permit are described in 40 CFR 
122.62. Minor modifications are generally non-substantive changes. The 
conditions for minor modification are described in 40 CFR 122.63.

G. Relationship of Effluent Limitations and Pretreatment Standards to 
NPDES Permits and Local Limits

    Effluent limitations and pretreatment standards act as a primary 
mechanism to control the discharges of pollutants to waters of the 
United States. These limitations and standards are applied to 
individual facilities through NPDES permits and local limits developed 
for POTWs issued by EPA or authorized States under section 402 of the 
Act and local pretreatment programs under section 307 of the Act.
    The Agency has developed the limitations and standards for this 
proposed rule to cover the discharge of pollutants for this industrial 
category. In specific cases, the NPDES permitting authority or control 
authority (e.g., local POTW) may elect to establish technology-based 
permit limits or local limits for pollutants not covered by this 
regulation. In addition, if State water quality standards or other 
provisions of State or Federal law require limits on pollutants not 
covered by this regulation (or require more stringent limits or 
standards on covered pollutants to achieve compliance), the permitting 
or control authority must apply those limitations or standards.

[[Page 515]]

H. Best Management Practices

    Sections 304(e) and 402(a) of the Act authorize the Administrator 
to prescribe ``best management practices'' (BMPs). (See 40 CFR 
122.44(k)). EPA may develop BMPs that apply to all industrial sites or 
to a designated industrial category and may offer guidance to permit 
authorities in establishing management practices required by unique 
circumstances at a given plant. Dikes, curbs, and other control 
measures are being used at some MP&M sites to contain leaks and spills 
as part of good ``housekeeping'' practices. However, on a facility-by-
facility basis a permit writer may choose to incorporate BMPs into the 
permit. See section 8 of the Technical Development Document for this 
proposed rule for a detailed discussion of pollution prevention and 
best management practices used in the MP&M industry.

XXII. Related Acts of Congress, Executive Orders, and Agency 
Initiatives

A. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval to the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request (ICR) document has been prepared by EPA 
(ICR No. 1980.01) and a copy may be obtained from Sandy Farmer by mail 
at Collection Strategies Division; U.S. Environmental Protection Agency 
(2822); 1200 Pennsylvania Ave., NW., Washington, DC 20460, by email at 
farmer.sandy@epa.gov, or by calling (202) 260-2740. A copy may also be 
downloaded off the internet at http://www.epa.gov/icr.
    There are five areas for which EPA is proposing, or considering to 
collect information from, or requiring reporting or record keeping by 
MP&M facilities. In all cases, EPA believes the collection of 
information, reporting, or record keeping is an alternative (i.e., 
voluntary) that will allow a reduction in overall burden to facilities 
since EPA intends for these activities to reduce or eliminate effluent 
sampling and analysis costs. EPA solicits comment on all estimates 
discussed below.
    First, EPA is proposing to allow indirect discharging MP&M 
facilities (upon agreement with the control authority) to reduce their 
analytical monitoring burden for specified pollutants by filing a 
statement that certifies that those pollutants are not present in the 
discharge or are present only at background levels from intake water 
and without any increase in the pollutants due to activities of the 
discharger (See Sec. 438.4(e) and Section XXI.C.1 for a discussion of 
the monitoring waiver). EPA estimates the burden for reviewing 
analytical sampling data and other technical information required to 
make the certification (e.g., raw material inventory logs, production 
information, product chemistry, and reports on source water) and for 
preparing the certification statement one time per permit cycle (i.e., 
every 5 years) to be 24 hours. In developing the technical basis for 
the waiver, EPA is allowing the use of historical sampling data as well 
as sampling data generated for compliance reports required by the 
General Pretreatment Standards (40 CFR 403.12). Therefore, EPA does not 
anticipate additional monitoring burden associated with this waiver, 
particularly in comparison to the periodic compliance monitoring that 
is being replaced by this waiver. In addition, certification to receive 
a monitoring waiver under this proposed rule is voluntary. MP&M 
facilities may choose not to avail themselves of this optional 
reduction in monitoring. EPA estimates that 5,250 facilities will 
choose the monitoring waiver for some pollutants.
    Second, EPA is proposing to allow facilities to implement an 
organic pollutant management plan as one alternative to meeting organic 
pollutant limits (or organic indicator limits). (See 438.4(b)). The 
organic pollutant management plan must specify, to the satisfaction of 
the permitting authority or control authority, the toxic and non-
conventional organic constituents used at the facility; the disposal 
method used; the procedures in place for ensuring that organic 
pollutants do not routinely spill or leak into the wastewater or that 
minimize the amount of organic constituents used in the process; the 
procedures in place to manage the oxidation reduction potential (ORP) 
during cyanide destruction to control the formation of chlorinated 
organic byproducts; and the procedures to prevent the over dosage of 
dithiocarbamates when treating chelated wastewater. Facilities choosing 
to develop an organic pollutant management plan must certify that the 
procedures described in the plan are being implemented at the facility. 
EPA estimates the burden associated with preparing an organic pollutant 
management plan and an accompanying certification statement to be 50 
hours. After the initial plan is approved, EPA estimates one additional 
hour of burden (once per year for direct dischargers and twice per year 
for indirect dischargers) for facilities to verify that the plan is 
being implemented and to prepare the certification statement. However, 
EPA believes that facilities that are already regulated by the Metal 
Finishing Effluent Guidelines (40 CFR part 433) and that have a solvent 
management plan in place under those regulations will only require 20 
hours to update their plan for the initial submittal. EPA estimates 
7,200 facilties will choose to implement an organics management plan in 
lieu of monitoring.
    Third, EPA is considering an alternate approach to the use of an 
organic indicator parameter (see Section XXI.C.2 for a discussion on 
the proposed organic indicator). EPA notes that this alternate approach 
is not being proposed in today's notice, but is being considered for 
the final rule. In this case, there would be some additional reporting 
and record keeping. MP&M facilities could choose an indicator pollutant 
parameter from a given set of choices. EPA would require facilities to 
demonstrate a correlation between the chosen indicator parameter and 
the regulated organic pollutants (i.e., the TOP organic pollutants) 
found in their wastewater. EPA is soliciting comment on this approach 
and has estimated the burden of performing testing, analyzing 
analytical results, and keeping records that demonstrate a correlation 
between the regulated organic pollutants and the selected indicator 
parameter to be between 70 and 100 hours per facility once per permit 
cycle (i.e., 5 years). If no major changes in processes or raw 
materials occur during that period, the demonstration would not have to 
be repeated for the next permit cycle. The Agency notes that the choice 
of an option would be voluntary. EPA has estimated less burden for 
direct dischargers than for indirect dischargers (i.e, 70 hours versus 
100 hours) because the direct dischargers typically have more advanced 
treatment in place and permit writers typically require them to monitor 
for the types of parameters that EPA is considering as indicators 
(e.g., COD, Oil & Grease, TOC, TPH), and therefore, may have data 
available that demonstrates a correlation to the regulated organic 
pollutants. EPA estimates that given the choice, approximately 515 
facilities would choose to demonstrate and use a site-specific organic 
pollutant indicator.
    Fourth, EPA is considering whether to allow certain facilities in 
the Metal Finishing Job Shops subcategory to demonstrate compliance 
with specified pollution prevention and water conservation practices 
(in addition to

[[Page 516]]

maintaining compliance with the existing Metal Finishing and 
Electroplating Effluent Guidelines) in lieu of meeting the requirements 
of the MP&M regulation. EPA notes that this alternate approach is not 
being proposed in today's notice, but is being considered for the final 
rule. Facilities in the Metal Finishing Job Shops subcategory that do 
not wish to use the compliance alternative would need to meet the full 
requirements of the MP&M regulation as specified in today's proposed 
rule (see section XXI.D for a discussion of the Pollution Prevention 
Alternative). EPA has estimated the burden associated with preparing 
the associated certification statements to be 30 minutes each. 
Facilities would submit certification statements one time initially (by 
the compliance deadline) and twice per year thereafter for indirect 
dischargers, or once per year for direct dischargers. In addition, EPA 
estimates the burden associated with record keeping and reporting for 
the other related compliance paperwork to be 40 hours one time for the 
period of the permit or control mechanism (i.e., five years). EPA is 
also soliciting comment on whether facilities in other subcategories 
should have a similar alternative. EPA estimates that if the Pollution 
Prevention Alternative were available to facilities in the Metal 
Finishing Job Shops Subcategory, 1,360 facilities would choose this 
alternative. In addition, EPA estimates that there would be 550 
additional respondents if a limited number of other subcategories were 
able to choose this compliance alternative.
    Finally, EPA is proposing to set numerical limitations on the 
discharge of Total Sulfide from facilities in several subcategories. In 
an effort to reduce monitoring burden on indirect dischargers, EPA is 
considering (but not proposing) to allow a waiver for the monitoring of 
total sulfide (even when present), at the discretion of the POTW, when 
a facility demonstrates that the sulfides will not generate acidic or 
corrosive conditions and will not create conditions that enhance 
opportunities for release of hydrogen sulfide gas in the sewer/
interceptor collection system or at the receiving POTW or otherwise 
interfere with the operation of the POTW EPA estimates the burden 
associated to make such a demonstration is 100 hours. EPA would require 
this only one time per permit cycle and if no major changes in 
processes or raw materials occur during that period, the demonstration 
would not have to be repeated for the next permit cycle. EPA estimates 
that 4,420 facilities would be respondents under the total sulfide 
waiver if it were available.
    The total burden for the two areas which are being proposed today 
is 437,070 hours for approximately 7,200 facilities [Note: 
approximately 5,200 facilities are expected to be respondents in both 
areas]. In addition, for the three areas that EPA is not proposing but 
is considering for the final rule, EPA estimates 565,595 hours for 
6,845 respondents (some facilities may be respondents in more than one 
of the three areas). Labor costs are accounted for within the estimated 
burden hours. EPA estimates that there are no capital costs associated 
with these potential reporting and record keeping requirements. EPA 
estimates a reduction in the capital and operating and maintenance 
costs associated with monitoring to demonstrate compliance with 
numerical limits, particularly for the proposed monitoring waiver for 
indirect dischargers and the organics management plan.
    In the cases discussed above, the data and information required by 
the proposed or considered information collection, reporting, or record 
keeping requirements can be claimed as confidential business 
information according to the regulations found in 40 CFR part 2. 
However, as specified at 40 CFR 2.302, effluent data submitted in 
response to these information and data requests can not be claimed as 
confidential.
    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 are listed in 40 CFR part 9 and 48 CFR Chapter 15.
    The Agency requests comments on its need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques. Send comments on the ICR to the 
Director, Collection Strategies Division; U.S. Environmental Protection 
Agency (2822); 1200 Pennsylvania Ave., NW., Washington, DC 20460; and 
to the Office of Information and Regulatory Affairs, Office of 
Management and Budget, 725 17th St., NW., Washington, DC 20503, marked 
``Attention: Desk Officer for EPA.'' Include the ICR number in any 
correspondence. Since OMB is required to make a decision concerning the 
ICR between 30 and 60 days after January 3, 2001, a comment to OMB is 
best assured of having its full effect if OMB receives it by February 
2, 2001. The final rule will respond to any OMB or public comments on 
the information collection requirements contained in this proposal.

B. Unfunded Mandates Reform Act (UMRA)

1. UMRA Requirements
    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 EPA did 
not adopt that alternative. 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

[[Page 517]]

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.
    Estimated total annualized before-tax costs of compliance for the 
proposed rule are $2,034 million ($1999). Of this total, $2,020 million 
is incurred by the private sector and $14 million is incurred by State 
and local governments that perform MP&M activities. Permitting 
authorities incur an additional $0.115 to $0.912 million to administer 
the rule, including labor costs to write permits and to conduct 
compliance monitoring and enforcement activities. Thus, EPA has 
determined that this rule contains 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. 
Accordingly, EPA has prepared under section 202 of the UMRA a written 
statement which is summarized below.
2. Analysis of Impacts on Government Entities
    Although the costs of implementation (and compliance for 
government-owned facilities) are approximately $15 million annually 
(i.e., below the threshold specified in section 202) MP&M is a large 
industrial category and EPA fully analyzed the impacts on State and 
local governments. The proposed MP&M Rule will affect governments in 
two ways:
     Government-owned MP&M facilities may be directly affected 
by the MP&M regulation and therefore incur compliance costs; and
     Municipalities that own Publicly Owned Treatment Works 
(POTWs) that receive influent from MP&M facilities subject to the 
regulation may incur additional costs to implement the proposed rule. 
These include costs associated with permitting MP&M facilities that 
have not been previously permitted, and with repermitting some MP&M 
facilities earlier than would otherwise be required. In addition, POTWs 
may elect to issue mass-based permits to some MP&M facilities that 
currently have concentration-based permits, at an additional cost.
a. Compliance Costs for Government-Owned MP&M Facilities
    EPA administered a survey (the ``Municipal Survey'') to government-
owned facilities to assess the cost of the regulation on these 
facilities and the government entities that own them. (See Section V.B 
for a discussion of EPA's data collection efforts.) The survey 
responses provide the basis for EPA's analysis of the budgetary impacts 
of the proposed regulation, including the size and income of the 
populations served by the affected government entities; the 
government's current revenues by source, taxable property, debt, 
pollution control spending, and bond rating; and the costs, funding 
sources, and other characteristics of the MP&M facilities owned by each 
government entity. Table XXII.B-1 provides national estimates of the 
government entities that operate MP&M facilities potentially subject to 
the proposed rule. Table XXII.B-2 summarizes the annualized compliance 
costs incurred by government entities by regulatory option.

          Table XXII.B-1.--Number of Government-Owned Facilities by Type and Size of Government Entity
----------------------------------------------------------------------------------------------------------------
                                                                                     Regional
  Size of government and Status      Municipal         State          County       governmental        Total
      under proposed option         government      government      government       authority
----------------------------------------------------------------------------------------------------------------
                                     Large Governments (population > 50,000)
----------------------------------------------------------------------------------------------------------------
Number of government entities >               60             183              77               0             319
 flow cutoff....................
Number of government entities                512             183             610              36           1,341
  flow cutoff........
----------------------------------------------------------------------------------------------------------------
                                     Small Governments (population = 50,000)
----------------------------------------------------------------------------------------------------------------
Number of government entities >              410  ..............  ..............  ..............             410
 flow cutoff....................
Number of government entities              1,781  ..............             481  ..............           2,262
  flow cutoff........
----------------------------------------------------------------------------------------------------------------
                                                 All Governments
----------------------------------------------------------------------------------------------------------------
Number of government entities >              470             183              77               0             729
 flow cutoff....................
Number of government entities              2,293             183           1,091              36           3,603
  flow cutoff........
                                 -------------------------------------------------------------------------------
    Total.......................           2,763             366           1,167              36           4,332
----------------------------------------------------------------------------------------------------------------


            Table XXII.B-2.--Number of Regulated Government-Owned Facilities and Compliance Costs by Size of Government and Regulatory Option
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Proposed option                  Option 2/6/10                    Option 4/8
                                                         -----------------------------------------------------------------------------------------------
                                                             Number of      Compliance       Number of                       Number of
                                                            facilities         costs        facilities      Compliance      facilities      Compliance
                                                            subject to       (million       subject to    costs (million    subject to    costs (million
                                                            regulation        1999$)        regulation        1999$)        regulation        1999$)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Facilities Owned by Large Governments...................             319           $11.3           1,660            31.5           1,660          $101.3
Facilities Owned by Small Governments...................             410             2.6           2,672            33.3           2,672           123.4
All Government-Owned Facilities.........................             729            13.9           4,332            64.8           4,332           224.7
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Costs incurred by government-owned facilities, particularly for 
facilities owned by small governments, are substantially lower under 
the proposed rule than under the other two options considered. The 
lower costs result from

[[Page 518]]

the exclusion of a large number of government-owned facilities under 
the proposed low flow cutoff.
b. Small Government Impacts
    EPA's analysis also considered whether the proposed rule may 
significantly or uniquely affect small governments. Section XVI.B.3.c 
of today's notice describes the methodology used to assess budgetary 
impacts on governments. Briefly, EPA examined three measures to assess 
the affordability of new requirements. These three criteria incorporate 
measures of compliance costs (impacts on site-level cost of service), 
impacts on taxpayers, and impact on government debt levels.
    EPA estimates that there are 2,672 facilities owned by small 
governments (i.e., governments with a population of less than 50,000). 
The low flow exclusion in today's proposed rule will exclude 2,262 
small government-owned MP&M facilities. Thus, the proposed rule covers 
410 small government-owned facilities. Of these facilities, 140 incur 
no compliance costs under the proposed option, and the remaining 270 
incur annualized costs that average less than $10,000 per facility. The 
total compliance cost for all the small government-owned facilities 
incurring costs under today's proposed rule is $2.6 million. Only 140 
of the 270 facilities have costs greater than 1 percent of baseline 
cost of service (measured as total facility costs and expenditures, 
including operating, overhead and debt service costs and expenses). EPA 
estimated no significant impacts for any of the governments owning 
these facilities, based on the three budgetary criteria mentioned 
above. EPA has determined that this rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. None of the affected governments are expected to incur 
significant budgetary impacts as a result of the proposed rule, and 
consequently, that the proposed rule will not significantly or uniquely 
affect small governments. Nonetheless, EPA did consult with small 
governments (see discussions on consultation in sections XXII.B.7 and 
XXII.C).
c. POTW Administrative Costs
    EPA also analyzed the administrative costs incurred by local 
governments to implement the proposed rule. The results of this 
analysis are presented in section XVI.H.3. In summary, EPA estimates 
that POTWs will incur incremental average annualized costs over 15 
years of between $115,000 and $912,000 under the proposed rule. The 
maximum expenditures by all affected POTWs in any one year will be 
between $186,000 and $1,607,000. These costs include issuing new 
permits to facilities that do not currently have permits, issuing mass-
based permits to some facilities that currently have concentration-
based permits, and repermitting some facilities sooner than would 
otherwise be required to meet the three-year compliance schedule. On 
average, a POTW's costs for the incremental permitting are only $23 to 
$184 for the 4,944 MP&M facilities permitted under the proposed rule. 
EPA expects that these increases in costs will be partially offset by 
reductions in government administrative costs for facilities that are 
already permitted under local limits and that will be repermitted under 
this rule.
3. Statutory Authority
    The statutory authority for this rulemaking is as follows: Sections 
301, 304, 306, 307, 308, 402 and 501 of the Clean Water Act, 33 U.S.C. 
1311, 1314, 1316, 1317, 1318, 1342 and 1361 and the Pollution 
Prevention Act of 1990, 42 U.S.C. 13101 et seq., Pub L. 101-508, 
November 5, 1990. A consent decree with the Natural Resources Defense 
Council established a deadline of October 2000 for EPA to propose 
effluent limitations for this industry.
4. Costs and Benefits
    The assessment of costs and benefits for this rule, including the 
assessment of costs to State, local, and Tribal governments and to the 
private sector, is discussed above and in Sections XVI (costs), XX 
(benefits) of this preamble. EPA prepared an extensive analysis of 
costs and benefits for private facilities and for governments, 
including analysis by size and by subcategory. In the most summarized 
form, EPA estimates the social cost of the proposed rule (which 
includes facility compliance costs) at $2.0 to $2.1 billion annually 
($1999). The total value of benefits that can be expressed in dollar 
terms ranges from $0.4 billion to $1.1 billion. As discussed in Section 
XX, EPA solicits comment on several expansions to these benefit 
estimates. In particular, EPA includes in the public record for today's 
proposal, an extensive analysis of additional categories of benefits, 
such as boating and wildlife viewing. EPA also estimated values for 
these new categories, but pending public comment and peer review, did 
not incorporate the results from the new methodologies into the total 
monetized benefits of the proposed rule.
    The Federal resources (i.e., water pollution control grants) which 
are generally available for financial assistance to States are included 
in section 106 of the Clean Water Act. There are no Federal funds 
available to defray the costs of this rule on local governments.
5. Future Costs and Disproportionate Costs
    The Unfunded Mandates Reform Act requires that EPA estimate, where 
accurate estimation is reasonably feasible, future compliance costs 
imposed by the rule and any disproportionate budgetary effects. EPA's 
estimates of the future compliance costs of this rule are discussed in 
detail in Section XVI.G of the preamble. Briefly, new sources in all 
but the Metal Finishing Job Shop direct discharger subcategory incur 
costs that are below one percent of post-regulation revenues, and costs 
for the Metal Finishing Job Shop indirect dischargers are less than 
three percent of estimated facility revenues. Cost increases of this 
magnitude are unlikely to place new facilities at a competitive 
disadvantage relative to existing sources. Moreover, costs as a 
percentage of revenues are generally comparable for new sources and 
existing sources with which they will compete.
    EPA does not expect that the rule will have disproportionate 
budgetary effects on any particular areas of the country, particular 
governments or types of communities. The affected population of MP&M 
facilities is distributed throughout the country in settings from urban 
to rural, with more facilities likely to be located in larger urban 
areas. EPA therefore expects that the burden on governments to permit 
facilities under the rule, and the loss of employment due to closures 
caused by the rule, will be dispersed rather than concentrated in any 
specific area. Moreover, the proposed rule is expected to result in a 
net increase in employment over 15 years, when the employment 
associated with compliance activities is considered. A discussion of 
community impacts is included in Section XVI.
6. Effects on National Economy
    The Unfunded Mandates Reform Act requires that EPA estimate the 
effect of this rule on the national economy where (1) accurate 
estimates are feasible and (2) the rule will have a ``material'' effect 
on the economy. EPA's estimates of the impact of this proposal on the 
national economy are described in Section XVI of this preamble and in 
the EEBA. The proposed rule is projected to result in closures or 
moderate financial impacts on a very small percentage of all MP&M

[[Page 519]]

facilities, to result in only limited price increases in any MP&M 
sector, and to have a negligible impact on the U.S. balance of trade.
7. Consultation
    In addition to private industry, our stakeholders include State and 
local government regulators. We consulted with all of these stakeholder 
groups on topics such as options development, cost models, pollutants 
to be regulated, cost of the regulation, and compliance alternatives. 
Some of the stakeholders provided helpful comments on the cost models, 
technology options, pollution prevention techniques, and monitoring 
alternatives.
    Because many facilities affected by this proposal are indirect 
dischargers, the Agency involved POTWs as they will have to implement 
the rule. EPA consulted with POTWs individually and through the 
Association of Municipal Sewerage Agencies (AMSA). In addition, EPA 
consulted with pretreatment coordinators and State and local 
regulators.
    The Agency collaborated with POTWs in selecting BAT facilities for 
EPA wastewater sampling and, in several cases, POTWs performed 
wastewater sampling and submitted the data to EPA for use in developing 
the rule. As described above and in Section V.B, EPA conducted the POTW 
survey to obtain estimates of POTW permitting costs and sludge disposal 
practices and costs. EPA assessed whether any impacts of the regulatory 
requirements in the rule might significantly or uniquely affect POTWs, 
especially small POTWs, and determined the degree to which POTWs would 
benefit from the regulation by having more options for sewage sludge 
disposal and decreased costs of disposing of the sludge.
    EPA consulted with State and local regulators during three 
different public meetings. Their main comments focused on: (1) The 
potential burden on them to issue permits/control mechanisms for a 
large number of facilities that have not been permitted under effluent 
guidelines prior to this rule; (2) request for additional monitoring 
flexibilities; and (3) request to allow them to use concentration-based 
standards in the MP&M rule for those subcategories where it is 
difficult to obtain production or flow information at the process-
level. EPA has incorporated many of their suggestions and addressed 
these concerns throughout today's preamble (see Sections II.D, XII.C, 
and XXI ).
8. Alternatives Considered
    EPA believes that the proposed rule is the least burdensome and 
most cost-effective of the regulatory alternatives considered that 
still meets the objectives of the rule. EPA acknowledges that the rule 
will impose some burden, but EPA believes that the additional costs are 
justified due to the additional pollutant removals. The proposed low-
flow cutoffs and subcategory exemptions reduce the number of facilities 
that require permitting by over 90 percent. Section XVI.H presents 
EPA's analysis of the facility impacts of the proposed rule, which 
shows that facility compliance costs would be 36 percent higher under 
Option 2/6/10 than under the proposed rule and 120 percent higher under 
Option 4/8. Section XVII presents EPA's analysis of the cost-
effectiveness of the regulatory options, which shows that the proposed 
option is the most cost-effective of these three options.

C. Regulatory Flexibility Act (RFA) as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedures 
Act or any other statute, unless the Administrator certifies that the 
rule will not have significant economic impact on a substantial number 
of small entities. Small entities include small businesses, small 
organizations, and small governmental organizations.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as (1) A small business according to 
the Regulations of the Small Business Administration (SBA) at 13 CFR 
121.201, which define small businesses for Standard Industrial 
Classification (SIC) codes; (2) a small governmental jurisdiction that 
is a government of a city, county, town, school district or special 
district with a population of less than 50,000; and (3) small 
organization that is any not-for-profit enterprise that is 
independently owned and operated and is not dominant in its field.
    In accordance with Section 603 of the RFA, EPA prepared an initial 
regulatory flexibility analysis (IRFA) that examines the impact of the 
proposed rule on small entities, along with regulatory alternatives 
that could reduce that impact. The IRFA is available for review in the 
public record (as Chapter 10 in the Economic, Environmental, and 
Benefits Analysis) and is summarized below.
1. Initial Regulatory Flexibility Analysis

a. Rationale, Objectives, and Legal Basis for Proposal

    EPA's ``Preliminary Data Summary for the Machinery Manufacturing 
and Rebuilding Industry'' (EPA 440/1-89/106) identified the Metal 
Products and Machinery (MP&M) industry as one that is discharging 
wastestreams containing toxic pollutants to publicly owned treatment 
works and directly into the nation's surface waters. The volume and 
characteristics of these wastestreams are described more fully in 
Section VII of this notice. Due to the water quality, human health, and 
environmental concerns associated with these discharges, EPA selected 
the MP&M industry for the development of a new effluent guidelines 
regulation in 1990. The Agency develops categorical effluent 
limitations under authority of the Clean Water Act (33 U.S.C. 1251 et 
seq.). Section I of this notice discusses the legal basis for the 
proposed rule in more detail. Briefly, the Clean Water Act directs the 
Agency to reduce discharges of pollutants into the Nation's water and 
into publicly-owned treatment works. The objective of today's proposed 
rule is to reduce those discharges from the class of point sources in 
the MP&M industry.

b. Number and Type of Small Entities

    A large number of the 63,000 MP&M facilities nationwide are owned 
by small entities. The small entities covered by this proposed rule are 
small businesses and small governmental jurisdictions. Table XXII.C-1 
shows the total number of facilities operating in the baseline and the 
number owned by small entities. Overall, approximately 80 percent of 
all MP&M facilities are owned by small entities. However, it should be 
noted that the low flow exclusions in the proposed rule will exclude 
approximately 85 percent of the facilities owned by small entities.

[[Page 520]]



                       Table XXII.C-1.--Percent of MP&M facilities Owned by Small Entities
----------------------------------------------------------------------------------------------------------------
                                                                     Number of       Number of      Percent of
                                                                    facilities      facilities      facilities
                        Type of Facility                           operating in   owned by small  owned by small
                                                                     baseline        entities         entities
----------------------------------------------------------------------------------------------------------------
Private MP&M *..................................................          54,591          44,773             82%
Government-Owned................................................           4,332           2,672             62%
                                                                 -----------------------------------------------
    Total *.....................................................          58,923          47,445            81%
----------------------------------------------------------------------------------------------------------------
* Excludes baseline closures.

    The SBA definitions for small business use either employment-based 
or revenue-based standards, depending on the Standard Industrial 
Classification (SIC) code. The manufacturing sectors generally use 
employment-based standards, and most non-manufacturing sectors use 
revenue-based standards. MP&M facilities perform a wide variety of 
activities, represented by over 200 SIC codes. To assess the impacts of 
the rule on small entities, for analytical purposes, these SIC codes 
were organized into 18 industry sectors, with some further distinctions 
by type of activity (i.e., manufacturing or maintenance/repair). To 
select a small business definition for each sector, EPA chose the SBA 
standard that was common to the most SIC Codes (i.e., the mode of the 
distribution of SBA definitions) in a particular sector (or activity). 
Table XXII.C-2 lists the definitions by sector used in the impact 
assessment.

 Table XXII.C-2.--Small Business Definitions for Analyzing MP&M Sectors
------------------------------------------------------------------------
                                    Small business definition using the
       Sector and activity          most common SBA standard for the SIC
                                            codes in each sector
------------------------------------------------------------------------
Hardware.........................  500 Employees.
Aircraft--Manufacturing..........  1,000 Employees.
Aircraft-Maintenance/Repair......  $5 Million.
Electronic Equipment.............  750 Employees.
Stationary Industrial Equip.--     500 Employees.
 Manufacturing.
Stationary Industrial Equip.--     $5 Million.
 Maint/Repair.
Ordnance.........................  1,000 Employees.
Aerospace........................  1,000 Employees.
Mobile Industrial Equip..........  500 Employees.
Instruments--Manufacturing.......  500 Employees.
Instruments--Maintenance/Repair..  $5 Million.
Precious Metals/Jewelry--          500 Employees.
 Manufacturing.
Precious Metals/Jewelry--          $5 Million.
 Maintenance/Repair.
Ship--Manufacturing..............  1,000 Employees.
Ship--Maintenance/Repair.........  500 Employees.
Ship--Maintenance/Repair (SIC      $5 Million.
 449) \1\.
Household Equip.--Manufacturing..  500 Employees.
Household Equip.--Maintenance/     $5 Million.
 Repair.
Railroad--Manufacturing..........  1,000 Employees.
Railroad--Maintenance/Repair.....  1,500 Employees.
Motor Vehicle--Manufacturing.....  500 Employees.
Motor Vehicle--Maintenance/Repair  $5 Million.
Motor Vehicle--Maintenance/Repair  100 Employees.
 (SIC 5013) \2\.
Bus & Truck--Manufacturing.......  500 Employees.
Bus & Truck--Maintenance/Repair..  $5 Million.
Office Machines--Manufacturing...  1,000 Employees.
Office Machines--Maintenance/      $18 Million.
 Repair.
Steel Forming & Finishing........  1,000 Employees.
Printed Circuit Boards...........  500 Employees.
Metal Finishing & Electroplating   500 Employees.
 Job Shops.
Other Metal Products--             500 Employees.
 Manufacturing.
Other Metal Products--Maintenance/ $5 Million.
 Repair.
------------------------------------------------------------------------
Notes:
\1\ SIC Code 449--Includes 4491 (Marine Cargo), 4492 (Towing & tugboat
  service), 4493 (Marinas), and 4499 (Water Transportation Services,
  nec).
\2\ SIC Code 5013--Wholesale distribution of motor vehicle supplies,
  tools and equipment; and new motor vehicle parts.

c. Impacts on Small Entities

    For small businesses, EPA drew on the firm and facility impact 
analyses discussed in Section XVI of this notice to assess impacts on 
small entities. The analysis compared compliance costs to revenues for 
the small entities at the firm level. EPA also examined the facility 
impact analysis results for facilities owned by small firms. The 
facility impact analysis estimated facility closures and other adverse

[[Page 521]]

changes to financial conditions (denoted here as ``moderate impacts''). 
See Section XVI.B of this notice for details on how EPA determines 
closures and moderate impacts for private businesses. The results from 
these analyses are discussed in more detail in the following 
paragraphs. Briefly, these analyses indicated that 941 of the small 
entities may incur costs equal to 3 percent or more of annual revenues, 
181 facilities owned by small entities might close as a result of the 
proposed rule, and 492 facilities owned by small entities are likely to 
experience moderate financial impacts. The181 small entity facility 
closures represent less than one-half of one percent of the facilities 
owned by small entities that are operating in the baseline. Although 
the percentage of small facilities projected to incur impacts is quite 
small, the number, in absolute terms, was large enough for the Agency 
to conclude that a small business analysis was appropriate. After EPA 
considers comments and data received in response to this proposed 
rulemaking, especially with regard to the IRFA, the Panel's 
recommendations, and alternatives that would reduce small entity 
impacts, EPA will adjust the rule as appropriate and it is possible 
that the final rule will not have a significant economic impact on a 
substantial number of small entities. Consequently, there is a 
possibility that the Agency may not prepare a final regulatory 
flexibility analysis and would certify the final rule.
i. Compliance Costs as a Percent of Firm Revenue
    EPA compared compliance costs to revenues at the firm level as a 
measure of the relative burden of compliance costs. Table XXII.C-3 
shows the results of this comparison. The Agency was not able to 
estimate national numbers of firms that own MP&M facilities precisely, 
because the sample weights based on the survey design represent numbers 
of facilities rather than firms. The results in Table XXII.C-3 are 
reasonable approximations, however, in that 95 percent of the 
facilities owned by small firms are single-facility firms, for which 
sample weights could be used.

               Table XXII.C-3.--Firm Level Before-Tax Annual Compliance Costs as a Percent of Annual Revenues for Private Small Businesses
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Number and percent with before-tax annual compliance costs annual revenues equal to:
                                                         -----------------------------------------------------------------------------------------------
          Number of small firms in the analysis                    Less than 1%                        1-3%                           Over 3%
                                                         -----------------------------------------------------------------------------------------------
                                                              Number          Percent         Number          Percent         Number          Percent
--------------------------------------------------------------------------------------------------------------------------------------------------------
42,509..................................................          40,560           95.4%           1,008            2.4%             941            2.2%
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Approximately 85 percent of the small entities are not projected to 
incur any costs to comply with the proposed rule because they are among 
the facilities covered by the low flow exclusions (See Section XII for 
discussion of the low flow exclusions). Even so, the IRFA includes a 
cost analysis for all small facilities. The results reported here 
account for the exclusions. More than 95 percent of small entities 
incur compliance costs less than 1 percent of annual revenues. A small 
percentage (2 percent) of the small businesses in the analysis incur 
costs equal to 3 percent or more of annual revenues. (Results of the 
cost-to-sales ratios are presented in the EEBA.) Of the small firms 
that incur costs greater than 1 percent of revenues, 612 firms are 
projected by the facility impact analysis to close or experience 
moderate impacts.
ii. Facility Closures and Moderate Impacts
    Table XXII.C-4 summarizes the results from the facility closure 
analysis for the proposed option for private facilities owned by small 
entities, by discharge status. Table XXII.C-4 also shows the number of 
facilities owned by small businesses that experience moderate impacts.

          Table XXII.C-4.--Closures and Moderate Impacts for Private Facilities Owned by Small Entities
----------------------------------------------------------------------------------------------------------------
                                                                                     Indirect         Direct
                                                                  All facilities    dischargers     dischargers
----------------------------------------------------------------------------------------------------------------
Number of facilities operating in the baseline..................          44,773          41,536           3,237
Number of closures..............................................             181             161              20
Percent closing.................................................           0.40%           0.39%           0.62%
Number of facilities with moderate impacts......................             492             454              38
Percent with moderate impacts...................................            1.1%            1.1%            1.2%
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    Again, approximately 85 percent of the facilities owned by small 
entities are not projected to incur any costs to comply with the 
proposed rule because they are among the facilities covered by the low 
flow exclusions. (See Section XII for discussion of the low flow 
exclusions.) The projected number of closures is very small compared to 
the large number of facilities owned by small entities. Less than one-
half of one percent of the facilities owned by small entities that are 
operating in the baseline are projected to close. The percentage of 
small entities experiencing moderate impacts is also low, at one 
percent. In regard to the baseline closure analysis, to put this 
information in context, data on facility start-ups and closures from 
the Census Statistics of U.S. Businesses indicate that between 6 and 12 
percent of facilities in the major metal products manufacturing 
industries close in any given year. (See discussion in Chapter 5 of the 
Economic, Environmental, and Benefits Analysis.)
iii. Impacts on Small Governments
    For small governments, EPA relied on the analysis described in 
Section XVI.B.3.c. EPA estimates that there are 2,672 facilities owned 
by small governments. The low flow exclusion in today's proposed rule 
will exclude 2,262 of these small government-owned

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MP&M facilities. Thus, the proposed rule covers 410 small government-
owned facilities. Of these facilities, only 270 incur costs, and the 
average cost per facility is less than $10,000. The total compliance 
cost for all the small government-owned facilities incurring costs 
under today's proposed rule is $2.7 million. Only 140 of the 270 
facilities have costs greater than 1 percent of baseline cost of 
service (measured as total facility costs and expenditures, including 
operating, overhead and debt service costs and expenses). EPA estimated 
no significant impacts for any of these facilities, based on three 
budgetary criteria (i.e., impacts on site-level cost of service, 
impacts on taxpayers, and impact on government debt levels) as 
described in Section XVI.B.3.c . Thus, EPA concluded that none of the 
affected governments are expected to incur significant budgetary 
impacts as a result of the proposed rule.

d. Alternatives to the Proposed Rule

    EPA sought from the outset to design a regulation that would not 
unreasonably burden small entities. In particular, EPA considered a 
number of regulatory alternatives for indirect and direct dischargers, 
and conducted extensive analysis of wastewater flow exclusions. As 
detailed in Section XII of this notice, EPA selected a regulatory 
alternative that incorporates low flow exclusions for several 
subcategories. The primary alternatives to the proposal, while 
providing additional pollutant reductions, also increased the number of 
small entities covered. These alternatives would have resulted in 
additional small entity impacts. The results from the closure analysis 
and the cost-to-revenue analysis for these alternatives are included in 
the IRFA, but are not summarized in this section of today's notice. As 
a result of selecting the low flow exclusions, the proposed rule 
imposes substantially lower impacts on small entities than the other 
options. In particular, the low flow exclusion for indirect discharging 
facilities in two subcategories--the General Metals subcategory and the 
Oily Wastes subcategory--played a significant role in minimizing small 
business impacts. EPA estimates that there are over 26,000 facilities 
in the General Metals subcategory and over 28,000 in the Oily Wastes 
subcategory operating in the baseline, and that small entities comprise 
a large portion of these subcategories. The low flow exclusion for both 
of these subcategories will largely reduce the number of small entities 
affected by the MP&M proposed rule. For the General Metals subcategory, 
EPA is proposing a 1 MGY flow cutoff for the reasons explained in 
Section XII.D. This low flow exclusion reduces the number of regulated 
facilities in this subcategory by 75 percent. The facilities that 
comprise the 75 percent are mostly small entities and represent only 6 
percent of the total pollutants discharged by the facilities in this 
subcategory. For the Oily Wastes subcategory, EPA is proposing a 2 MGY 
flow cutoff for the reasons explained in Section XII. This low flow 
exclusion reduces the number of regulated facilities in this 
subcategory by 96 percent. The facilities that comprise the 96 percent 
are mostly small entities and represent 39 percent of the total 
pollutant discharged by the facilities in this subcategory. In Section 
XII, EPA presented its rationale for concluding that national 
pretreatment standards were not warranted for facilities discharging 
less than 2 MGY in this subcategory.
    EPA considered and incorporated other types of alternatives, such 
as monitoring alternatives. These are summarized below and discussed 
more fully in Sections XXI.C and XXI.D of today's notice.

e. Reporting, Record Keeping and Other Compliance Requirements

    There are five areas for which EPA is proposing to require, or 
considering requiring, reporting or record keeping by MP&M facilities: 
(1) Certification to waive monitoring for pollutants that are not 
present; (2) certification and implementation of an organic chemicals 
management plan in lieu of monitoring for organic pollutants; (3) 
demonstration of a correlation to a site-specific organic pollutant 
indicator parameter; (4) certification of a total sulfide monitoring 
waiver for indirect dischargers; and (5) demonstration of specified 
pollution prevention practices and compliance with existing regulations 
in lieu of compliance with the MP&M effluent guidelines for facilities 
in the Metal Finishing Job Shop subcategory and some facilities in 
other subcategories. In all cases, EPA believes the collection of 
information, reporting, or record keeping is an alternative (i.e., 
voluntary) that will allow a reduction in overall burden to facilities 
since EPA intends for these activities to reduce or eliminate effluent 
sampling and analysis costs. Each of these five areas is briefly 
described below and is described in detail in section XXI, and the 
associated burden is discussed in section XXII.A.
    Briefly, for the certification to waive monitoring for pollutants 
that are not present, EPA expects that facilities will need to review 
analytical sampling data and other technical information required to 
make the certification (e.g., raw material inventory logs, production 
information, product chemistry, and reports on source water). There is 
some additional effort required to prepare the certification statement 
one time per permit cycle (i.e., every 5 years). EPA is allowing the 
use of historical sampling data as well as sampling data generated for 
compliance reports required by the General Pretreatment Standards (40 
CFR 403.12) in the development of the certification statement. 
Therefore, EPA does not anticipate additional monitoring burden 
associated with this waiver, particularly in comparison to the periodic 
compliance monitoring that is being replaced by this waiver. A 
wastewater treatment operator or other qualified facility personnel who 
is familiar with the facility's processes, products and analytical 
monitoring reports can make the determination.
    In terms of the certification and implementation of an organic 
chemicals management plan in lieu of monitoring for organic pollutants, 
facilities choosing to develop an organic pollutant management plan 
must certify that the procedures described in the plan are being 
implemented at the facility. EPA notes that development and 
implementation of the plan would likely require the attention of the 
wastewater treatment operator or plant manager. EPA believes that 
facilities covered by the Metal Finishing effluent guidelines (40 CFR 
part 433) with a solvent management plan in place under those 
regulations will only have to update their plan.
    EPA is considering (but is not proposing) allowing the 
demonstration of a correlation to a site-specific organic pollutant 
indicator parameter as an alternate approach to the use of an organic 
indicator parameter (see section XXI.C.2 for a discussion on the 
proposed organic indicator). In this case, there would be some 
additional reporting and record keeping. Facilities would need to 
perform testing, analyze analytical results, and keep records that 
demonstrate a correlation between the regulated organic pollutants and 
the selected indicator parameter. EPA notes that direct dischargers may 
incur less burden than indirect dischargers because they typically have 
more advanced treatment in place and permit writers typically require 
them to monitor for the types of parameters that EPA is considering as 
indicators (e.g., COD, Oil & Grease, TOC, and TPH); therefore, they may 
already have data available that demonstrates a correlation to the 
regulated organic pollutants. A wastewater treatment operator or other 
qualified facility personnel who is


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