34954 PROPOSED RULES...1973/12/20 · cottage cheese produced as cottage cheese curd and cultured...

34954

ENVIRONMENTAL PROTECTiONAGENCY

_[40 CFR Part 405]

EFFLUENT LIMITATIONS GUIDELINES FOREXISTING SOURCES AND STANDARDSOF PERFORMANCE AND PRETREAT-MENT STANDARDS FOR NEW SOURCESFOR DAIRY PRODUCTS PROCESSINGINDUSTRY POINT SOURCE CATEGORY

Proposed Guidelines

Notice is hereby given that effluentlimitations guidelines for existing sourcesand standards of performance and pre-treatment standards for new sources setforth in tentative form below are pro-posed by the Environmental ProtectionAgency (EPA) for the receiving stationssubcategory (Subpart A), the fluid prod-ucts subcategory (Subpart B), the cul-tured products subcategory (Subpart C),the butter subcategory (Subpart D), thecottage cheese and cultured creamcheese subcategory (Subpart E), the nat-ural and processed cheese subcategory(Subpart F), the fluid mix for ice creamand other frozen desserts subcategory(Subpart G), the ice cream, frozen des-serts, novelties, and other dairy dessertssubcategory (Subpart H), the condensedmilk subcategory (Subpart I). the drymilk subcategory (Subpart J), the con-densed whey subcategory (Subpart K),and the dry whey subcategory (SubpartL) of the dairy products processing in-dustry category of point sources pur-suant to sections 301, 304 (b) and (a),306(b) and 307(c) of the Federal WaterPollution Control Act, as amended (33U.S.C. 1251, 1311, 1314 (b) and (c), 1316(b) and 1317(c); 86 Stat. 816 et seq.;Pub. L. 92-500) (the Act).

(a) Legal authority. (1) Existing pointsources. Section 301(b) of the Act re-quires the achievement by not later thanJuly 1, 1977, of effluent limitations forpoint sources, other than publicly ownedtreatment works, which require the ap-plication of the best practicable controltechnology currently available as de-fined by the Administrator pursuant tosection 304(b) of the Act. Section 301(b)also requires the achievement by notlater than July 1, 1983, of effluent limi-tations for point sources, other than pub-licly owned treatment works, whichrequire the application of best avail-able technology economically achieve-able which will result in reasonablefurther progress toward the national goalof eliminating the discharge of all pol-lutants, as determined in accordancewith regulations issued by the Adminis-trator pursuant to section 304(b) of theAct.I Section 304(b) of the Act requiresthe Administrator to publish regulationsproviding guidelines for effluent limita-tions setting forth the degree of effluentreduction attainable through the appli-cation of the best practicable controltechnology currently available and thedegree of effluent reduction attafnablethrough the application of the best con-trol measures and practices economicallyachievable, including treatment tech-niques, proces and procedure Innova-

PROPOSED RULES

tions, operating methods and other alter-natiyes. The regulations proposed heeinset forth-effluent limitations guidelines,pursuant to section 304(b) of the Act, forthe dairy products processing industrycategory.

(2) New sources. Section 306 of theAct requires the achievement by newsources of a Federal standard of per-formance providing for the control ofthe discharge of pollutants which reflectsthe greatest degree of effluent reductionwhich the Administrator determines tobe achievable through application of thebest available demonstrated control tech-nology, processes, operating methods, orother alternatives, including, where prac-ticable, a standard permitting no dis-charge of pollutants.

Section 306(b) (1) (B) of the Act re-quires the Administrator to propose reg-ulations establishing Federal standardsof performance for categories of newsources included in a list published pur-suant to section 306(b) (1) (A) of the Act.The Administrator published in the FEo-ERAL REGISTER of January 16, 1973 (38FR 1624), a list of 27 source categories,including the dairy products processingindustry category. The regulations pro-posed herein set forth the standards ofperformance applicable to new sourcesfor the dairy products processing indus-try category.

Section 307(c) of the Act requires theAdministrator to promulgate pretreat-ment standards for new sources at thesame time that standards of performancefor new sources are promulgated pur-suant to section 306. Sections 405.15,405.25, 405.35, 405.45, 405.55, 405.65,405.75, 405.85, 405.95, 405.105, 405.115,and 405.125 proposed below provide pre-treatment standards for new sourceswithin the dairy products processing in-dustry category.

Section 304(c) of the Act requires theAdministrator to issue to the States andappropriate water pollution control agen-cies information on the processes, pro-cedures or operating methods which re-sult in the elimination or reduction ofthe discharge of pollutants to implementstandards of performance under section306 of the Act. The Development Docu-ment referred to below provides, pur-suant to section 30f(c) of the Act, In-formation on such processes, proceduresor operating methods.

(b) Summary and Basis of ProposedEffluent Limitations Guidelines for Exist-ing Sources and Standards of Perform-

tpce and Pretreatment Standards forNew Sources. (1) General methodology.The effluent limitations guidelines andstandards of performance proposedherein were developed in the followingmanner. The point source category wasfirst studied for the purpose of determin-ing whether separate limitations andstandards are appropriate for differentsegments within the category. This anal-ysis included a determination of whetherdifferences in raw material used, productproduced, manufacturing process em-ployed- age, size, waste water constitu-ents and other factors require develop-ment of separate limitations and stand-ards for different seqments of the point

source category. The raw waste charac-teristibs for each such segment were thenidentified. This included an analysis of(1) the source, flow and volume of waterused in the process employed and thesources of waste and waste waters in theoperation: and (2) the constituents ofall waste water. The constituents of thewaste waters which should be subject toeffluent limitations guidelines and stand-ards of performance were identified.

The control and treatment technolo-gies existing within each segment wereidentified. This included an identificationof each distinct control and treatmenttechnology, including both in-plant andend-of-process technologies, which areexistent or capable of being designed foreach segment. It also included an Identi-fication of, in terms of the amount ofconstituents and the chemical, physical,and biological characteristics of pollut-ants, the effluent level resulting fromthe application of each of the technolo-gies. The problems, limitations and re-liability of each treatment and controltechnology were also identified. In ad-dition, the non-water quality environ-mental impact, such as the effects of theapplication of such technologies uponother pollution problems, including air,solid waste, noise and radiation "wereidentified. The energy requirements ofeach control and treatment technologywere determined as well as the cost ofthe application of such technologies.

The information, as outlined above,was then evaluated in order to deter-mine what levels of technology constitutethe "best practicable control technologycurrently available," the "best availabletechnology economically achievable" andthe "best available demonstrated controltechnology, processes, operating meth-ods, or other alternatives." In identifyingsuch technologies, various factors wereconsidered. These included the totalcost of application of technology in re-lation to the effluent reduction benefits tobe achieved from such application, theage of equipment and facilities involved,the process employed, the engineeringaspects of the application of varioustypes of control techniques, processchanges, non-water quality environ-mental impact (including energy re-quirements) and other factors.

The data upon which the above analy-sis was performed included EPA permitapplications, EPA sampling and inspec-tions, consultant reports,; and industrysubmissions.

The pretreatment standards proposedherein are intended to be complementaryto the pretreatment standards proposedfor existing sources under Part 128 ofTitle 40. The basis for such standardsare set forth In the FEDERAL. REGISTER ofJuly 19, 1973, 38 FR 19236. The provi-sions of Part 128 are equally applicableto sources which would constitute "newsources," under section 306 if they wereto discharge pollutants directly to navi-gable waters, except for § 128.133. Thatsection provides a pretreatment standardfor "Incompatible pollutants" whichrequires application of the "best prac-ticable control technology currentlyavailable," subject to an adjustment for

FEDERAL REGISTER, VOL. 38, NO. 244-THURSDAY, DECEMBER 20, 1973

PROPOSED RULES

amounts of pollutants removed by thepublicly owned treatment works. Sincethe pretreatment standards proposedherein apply to new sources, §§ 405.15,405.25, 405.35, 405.45, 405.55, 405.65,405.75,405.85,405.95,405.105,405.115, and405.125 below amend § 128.133 to requireapplication of the standard of perform-ance for new sources rather than the"best practicable standard applicable toexisting sources under sections 301 and304(b) of the Act.

(2) Summary of conclusions with re-spect to the dairy products processingcategory of point sources.

(i) Categorization. For the purpose ofstudying waste treatment and effluentlimitations, the dairy manufacturingcategory was divided into twelve dis-crete subcategories based on the type ofproducts manufactured.

(1) Subpart A-Receiving StationsSubcategory: The influence of size ofplant, age, process modifications, andother factors do not affect the raw wasteloads from any subcategory except re-ceiving stations. This is primarily dueto the simplicity of this operation, Herethe data indicates a consistent differ-ence in the waste loads generated by sta-tions receiving milk in cans versus thosereceiving milk in bulk. Cans provide moresurface area to which milk solids canadhere, thereby increasing the quantitygoing to waste. Under normal operations,and with good housekeeping, receivingstations do not constitute a major sourceof waste load.

(2) Subpart B-Fluid Products Sub-category: This subcategory includesmarket milk, flavored milk and cream(plain and whipped). The majority ofproducts produced in this industry areincluded in this subcategory, and it alsoconstitutes a major source of wastes.Flow and other waste water parametersvary widely in relation to the variationsin processing schemes which are many.

(3) Subpart C-Cultured ProductsSubcategory: Cultured skim milk (cul-tured buttermilk), yogurt, sour cream,cultured cream cheese dips, and dips ofvarious types are included in this sub-category. All of these products result inmoderately high waste water coefficientsprimarily due to their high viscositywhich causes more of the product to ad-here to vessel walls and end up as waste.

(4) Subpart D-Butter Subcategory:This subcategory includes churned andcontinuous-process butter. The continu-ous process materially reduces potentialwaste by eliminating the buttermilk pro-duction and the washing step. Bothmethods of production produce mod-erately high waste coefficients.

(5) Subpart E-Cottage Cheese Sub-category: This subcategory involves onlycottage cheese produced as cottagecheese curd and cultured cream cheese asopposed to rennet curd natural andproc-essed cheese. The large amount of cheesefines, low pH, large amount of washwater used for curd wash, and higheracidity of the whey from cottage cheesecauses this subcategory to produce themost visible source of waste water coef-ficient in the industry.

(6) Subpart F-Natural and ProcessedCheese Subcategory: This subcategoryincludes the natural or hard curd cheeseonly. Because of the nature of the processand the stability of the curds there is lesswater used and less waste generated thanin soft curd cheese processing. Addi-tionally the whey from hard curd cheeseprocessing is generally recoverable as abyproduct.

(7) Subpart G-Ice Cream Mix Sub-category: Fluid mix for ice cream andother frozen products produces about onefourth the waste water as that of the icecream and novelties subcategory.. (8) Subpart H-Ice Cream, FrozenDesserts, Novelties and Other Dairy Des-serts Subcategory: This subcategory in-cludes ice cream, ice milk, sherbet, waterices, stick confections; frozen noveltyproducts, frozen desserts, mellorine, pud-dings, and other dairy-based desserts. Icecream manufacturing generates moder-ately high waste water coefficientswhereas the other subprocesses produceabout one half or less the quantity ofwastes.

(9) Subpart I--Condensed Milk Sub-category: Condensed whole milk, con-densed skim milk and condensed butter-

ilk are included in this subcategory.The waste water coefficients involved inthis subcategory are moderate.

(10) Subpart J-Dry Milk Subcate-gory: Dry whole milk, dry skim milk anddry buttermilk are included in this sub-category. Waste water coefficients in thissubcategory are.low.

(11) Subpart K--Condensed WheySubcategory: Condensed sweet and con-densed acid whey are included in thissubcategory. Low waste water coefficientsare the case in this subcategory.

(12) Subpart L,-Dry Whey Subcate-gory: Dry sweet whey and dry acid wheyare products of this subcategory, and thewaste water coefficients resulting aremoderate.

(i) Waste Characteristics. The pol-lutants contained in raw waste watersresulting from the dairy products proc-essing category represent materials lostthrough direct processing of raw ma-terials into finished products and ma-terials lost through ancillary operations.The former group consists of milk, milkproducts and non-dairy ingredients(sugar, fruits, nuts, etc.), while the latterconsist of cleaners and sanitizers used incleaning equipment, lubricants (pri-marily soap and silicone-based) 'used incertain handling equipment, and sani-tary and domestic sewage from toilets,washrooms and kitchens.

These wastes, with the possible excep-tions of some lubricants, cleaners, sani-tizers, and concentrated wheys (especial-ly acid wheys), are readily degradable intypical biological treatment systems.Any refractory materials that are rep-resented are generally present in rela-tively low concentrations.

On the basis of all evidence reviewed,it has been concluded that the wastewater parameters of potential pollutionalsignificance include BOD5, COD, sus-pended solids, pH, temperature, phos-

phorus in the form of phosphates, nitro-gen in various forms, and chlorides.

(iii) Origin of waste water pollutantsin the dairy products processing cate-gory. (1) Receiving Station Subcategory:Milk is received either by can or tanktruck with can receiving being continuedonly in small plant operations. As pres-enty designed, the plastic transfer hosebetween the tank trucks and the receiv-ing station contains about a gallon ofproduct and remains full of product afterthe tank truck is emptied. Unless specialcare is exercised, this product is lost tothe drain each time a tank truck is dis-connected. This represents a potentialloss (waste load contribution) of 0.4 kgBOD5 of milk received. Other wastesgenerated are a result of cleaning andsanitizing operations employed on cans,tank trucks, and receiving station equip-ment.

(2) Fluid Products Subcategory: Oncethe raw materials have been received andstored, they are usually sent through an-other phase of processing such as clarifi-cation, separation, and pasteurizationbefore going on to final processing opera-tions. It is these operations, product filllines, and the actual product manufac-turing and packaging that contributesthe major waste load in the fluid productssubcategory. These wastes result fromspills, leaks, wasting of by-products,purging of lines during product change,product washing, and cleaning andsanitizing.

(3) Cultured Products Subcategory:The production of cultured products in-volves the same preliminary steps inprocessing as for fluid products, and thesame sources of waste result. Essentially,the only difference lies in the increaseddifficulty of cleaning and sanitizing incultured products Processing. The greaterviscosity of cultured products, comparedto fluid products, causes more product toadhere to product lines, etc.

(4) Butter Subcategory: Butter pro-duction is also preceded by the basic stepsin processing such as in fluid productsmanufacturing with similar wastes plro-duced. Additional sources of waste arisefrom the actual making of butter ineither the churn method or continuous-process. If the continuous-processmethod is used buttermilk and washwater are eliminated, thereby substan-tially reducing the quantity of wastewater generated.

(5) Cottage Cheese Subcategory: Themain differences between natural andcottage cheese production from a pollu-tant generation standpoint are the useof as much as 3 to 4 times as much washwater for curd wash, waste cream result-ing from the cottage cheese creamingoperation, high acidity, lower pH, andmore cheese fines going to waste per unitof production. The acid whey produced incottage cheese manufacturing constitutesthe largest single source of "lost prod-uct" and visible polluting material in theindustry by virtue of the lack of utiliza-tion of some 40 to 70 percent of this by-product.

(6) Natural and Processed Cheese Sub-category: Following the preliminary


•"1 95-,l

PROPOSED RULES

processing steps similar to fluid products,natural and processed cheeses undergothe manufacturing step that is charac-teristic of the type of cheese product tobe produced. In cheddar cheese, the wheydraining during cheddaring (matting ofthe curd) and pressing should be col-lected and combined with the whey. Inswiss cheese manufacturing,, appreciablewhey is lost in the transfer of the curdfrom the vat to the draining table. Inprovolone and mozzarella manufacturing,the milling, mixing and molding of thecurd produces a high fat, high BODS, lowpH (5.1-5.3) and wash water which maycontain 3 to 5 percent fat.

(7) Fluid Mix for Ice Cream and OtherFrozen Desserts Subcategory: The pre-liminary processing steps are similar tofluid products. In additional steps, milksolids, fats and non-dairy materials(sugar and sequestering materials) areblended. Waste waters are similar tothose of fluid products but incorporateminor amounts of non-dairy materials.

(8) Ice Cream, Frozen Dessert, Novel-ties, and Other Dairy Desserts Subcate-gory: Following preliminary processingsteps similar to fluid products, furthermanufacturing processes in this subcate-gory introduce additional materials suchas nuts, fruit juices, ice cream mix, bak-ery solids, chocolate, etc. In view of this,waste waters from the latter processes inthis subcategory contain a wider varia-tion of constituents.

(9) Condensed Milk Subcategory: Theinitial processes in this subcategory aresimilar to the fluid products subcategory,and subsequent processes involve suchoperations as condensing by evaporation,sweetening, packaging, and sterilizingwhich generate hbout 50 percent as mlichwaste load as the preliminary processingsteps.

(10) Dry Milk Subcategory: Since thisprocess begins with the receiving of con-densed milk, waste loads for the receivingportion of this subcategory are about 50percent higher than for fluid products.Most of the other waste contributions arequite uniform and small for the remain-ing processes in this subcategory.

(11) Condensed Whey Subcategory:The processes involved in this subcate-gory are similar to those for condensedmilk processing except there are no sepa-ration, clarification and sweetening stepsused for condensed whey. Waste load co-efficients for both acid and sweet wheycondensing are quite low.

(12) Dry Whey Subcategory: As withcondensed whey and dried milk there isthe lack of the separation and clarifica-tion steps. Instantizing is also not usedfor dried whey. The dried whey subcate-gory has a low waste coefficient as doesdry milk.

(iv) Treatment and Control Technol-ogy. In-plant procedures to control pol-lution include: good housekeeping; con-trol of spills; reduction and control ofstart-up and shut-down operations; re-use of waste water; salvage of raw mate-rials and eventual reuse in final products;salvage of by-products such as whey andbuttermilk for sale as feed or food prod-ucts; initiation of management educa-tion and plant operator training pro-

grams to accomplish good housekeeping,reduce product loss, cut down water use,and achieve more efficient waste watertreatment plant operation; installationof multiple-use CIP systems to minimizeamount of cleaning compounds used andmaximize rinse recovery; design of plantlayout to nilnimize pipe length and stor-age tanks and provide waste segregation;and provide waste monitoring equipmentand techniques. It is well documentedthat up to 50 percent waste reductioncould generally be accomplished by man-agement improvement alone.

"End-of-pipe" waste water treatmentprocesses include sedimentation, grit re.moval, flotation, equalization, neutrali-zation, nutrient addition, trickling filtersactivated sludge, aerated lagoons, stabili-zation ponds, disposal on land by sprayirrigation, ridge and furrow irrigation,Irrigation by truck, anaerobic sludgedigestion, disposal of solids to landfilareas, sludge thickening, and disinfec-tion. Segregation of process waste watersand cooling waters and condensates ispracticed.

Air pollution control processes includeprecipitation, filtration, demisting, stackwashing, cyclone separation and entrain-ment separators.

Solid waste control procedures involvedisposal of wasted products and wastebiological treatment sludges in landfillareas.

(v) Treatment and control technologywithin subcategories. In this industry,waste water treatment as such is notdone according to the established sub-categories, and it cannot be studied inthat way. On the other hand, in-plantcontrol technology can be related to sub-categories but not in a way that is spe-cific enough to be used without qualita-tive judgement of other potential in-plant technologies. In view of the aboverationale, the following is presented inlieu of a subcategory breakdown of treat-ment and control technology.

Best practicable control technologycurrently available consists of in-pantand end-of-pipe technology and includesbut is not limited to: plant managementand employee education plans; improve-ment of standard equipment; alternativecombinations of equipment and proce-dures; modification of waste control"systems" now in use; and "new concept"waste control systems. End-of-pipe treat-ment schemes, shown by exemplaryplants to provide about 96 percentBOD5 removal, and 90 percent suspendedsolids removal are represented by but notlimited to the following: activatedsludge; activated sludge plus sand filtra-tion; other biological treatment plus sandfiltration; and various irrigation systems.

Best available technology economicallyachievable also consists of in-plant andend-of-pipe technology. The technologyincludes all options available such as, butnot limited to the following: Alternativewater uses, water conservation; waterstream segregation; water reuse; cascad-ing water uses; by-product recovery; re-use of waste water constituents; goodhousekeeping; preventive maintenance;quality control (raw material, product,effluent); monitoring and alarm sys-

tems; "new concepts" for equipment im-provement; and process changes and im-provements. The end-of-pipe treatmentprocesses to achieve best available tech-nology economically achievable utilizethe same processes as best practicableabove, but demand improved operationand effectiveness.

New source performance standards axebased on the best demonstrated tech-nology currently available. This is thesame in most cases as the best availabletechnology economically achievable. Inview of this, new performance standardsare established at the same level as bestavailable technology economicallyachieveable.

(vi) Economic Impact Analysis. Theestimated investment costs for 1977,based upon recommended technology,range between 10 and 90 percent of cur-rent fixed investment depending on thetype of product, and size of plant. An-nual costs for the 1977 standards varyfrom 0.2 to 4.6 percent of sales. For 1983,it was assumed that the standards wouldbe met through better in-plant controlsand a more efficient treatment systemand, therefore, that no additional invest-ment and operating costs would berequired.

These costs do not appear to seriouslythreaten the long-term production orviability of the industry. The proposed1977 standards should result in price in-creases of from zero to 1.1 percent at thewholesale level. Furthermore, It is esti-mated that approximately 570 plantclosures could result in 1977 due to theproposed guidelines. These plants rep-resent only 0.8 percent of current n-dustry production and about 3250 em-ployees. In addition, it s estimated thatapproximately 480 communities might beaffected by these potential closures. Sinceit was assumed that no incremental in-vestment was ;needed for 1983, furtherprice increases, plant closures, and re-lated employment and community effectsas a result of these gidelines were notestimated. Neither the 1977 nor the 1983standards are expected to have anynoticeable effects on the industry growthor the balance of trade.

The report entitled "DevelopmentDocument for Proposed Effluent Ikmi-tations Guidelines and New SourcePerformance Standards for the DAIRYPRODUCTS PROCESSING IndustryPoint Source Category" details the anal-ysis undertaken in support of the regu-lations being proposed herein and Isavailable for inspection in the EPA Infor-mation Center, Room 227, West Tower,Waterside Mall, Washington, D.C., at allEPA regional offices, and at State waterpollution control offces. A supplementaryanalysis prepared for EPA of the possibleeconomics effects of the proposed regula-tions is also available for inspection at'these locations. Copies of both of these'documents are being sent to persons orinstitutions affected by the proposed reg-ulations, or who have placed themselveson a mailing list for this purpose (seeEPA's Advance Notice of Public ReviewProcedures, 38 FR 21202, August 6, 1973).An additional limited number of copiesof both reports are available. Persoc

FEDERAL REGISTER, VOL 38, NO. 244-THURSDAY, DECEMBER 20, 1973

34956

PROPOSED RULES

wishing to obtain a copy may write theEPA Information Center, EnvironmentalProtection Agency, Washington, D.C.20460, Attention: Mr. Philip B. Wisman.

(c) Summary of public participation.Prior to this publication, -the agenciesand groups listed below were consultedand given an opportunity to participatein the development of effluent limitationsguidelines and standards proposed forthe dairy products processing category.All participating agencies have been in-formed of project developments. An Ini-tial draft of the Development Documentwas sent to all participants and com-ments were solicited on that report. Thefollowing are the principal agencies andgroups consulted: (1) Effluent Standardsand Water Quality Information AdvisoryCommittee (established under section 515of the Act); (2) All State andU.S. Terri-torial Pollution Control Agencies; (3-Pollution Control Council; (4) WaterResources Council; (5) Division of En-vironmental Planning; (6) The Ameri-can Society of Mechanical Engineers;(7) Hudson River Sloop Restoration,Inc.; (8) The Conservation Foundation;(9) Businessmen for the Public'Interest;(10) Environmental Defense Fund, Inc.;(11) Natural Resources Defense Coun-cil; (12) The American Society of CivilEngineers; (13) Water Pollution ControlFoundation; (14) National Wildlife Fed-eration; (15) New England InterstateWater Pollution Control Commission;(16) Ohio River Valley Sanitation Com-mission; (17) Delaware River BasinCommission; (18) the Dairy IndustryCommittee; (19) The National MilkProducers Federation; (20) U.S. Depart-ment of Commerce; (21) U.S. Depart-ment of the Interior; (22) U.S. Depart-ment of Health, Education, and Welfare;and (23) U.S. Department of Agriculture.

The following organizations respondedwith comments; Effluent Standards andWater Quality Information AdvisoryCommittee; General Counsel of theUnited States Department of Commerce;United States Department of the Inte-rior; United States Department of Agri-culture; United States Department ofHealth, Education, and Welfare; UnitedStates Department of Defense; UnitedStates Water Resources Council; Mis-souri Department .of Public Health andWelfare; Ohio State Environmental Pro-tection Agency; Pennsylvania Environ-mental Protection Agency; IllinoisPollution Control Board; Texas WaterQuality Control Board; New York StateDepartment of Environmental Conserva-tion; Wisconsin Department of NaturalResources; Michigan Department of Nat-ural Resources; Florida Department ofPollution Control; Xentucky Departmentfor Natural Resources and Environ-mental Protection; Washington Depart-ment of Ecology; Colorado Departmentof Health; Maine Department of En-vironmental Protection; North CarolinaDepartment of Natural and EconomicResources; Hawaii Department ofHealth; California Water Resources Con-tro Board; National Resources Defense

Council, Inc.; American Society of CivilEngineers; Business and ProfessionalPeople for the Public Interest; Dairy In-dustry Committee; Dry Milk Association;Butter Institute; Whey Institute; Na-tional Milk Producers Federation;Kraftco Corp6ration; Carnation Com-pany; H. P. Hood and Sons Company;Dairy Lea Inc.; Borden Inc.; Pet Inc.;and Land-O-Lakes Inc.

The primary issues raised in the de-velopment of these proposed effluentlimitations guidelines and standards ofperformance and the treatment of theseissues herein are as follows:

(1) It was suggested that a simplermethod of calculating the BOD5 inputbe, established, and such has been doneby adopting an approach developed byparties within the industry who havebeen leaders in this field of investigation.It should be noted that values resulting'from the simplified method of calculationare in very close agreement with thoseobtained through the more complex cal-culation initially proposed.

(2) The inclusion of a number of ad-ditional factors (e.g., phosphorus, chlo-ride, and surface active agents) withinthe controlled parameters was suggested.Upon careful review the additional pa-rameters were rejected on the basis ofone or more of the following: thed aresatisfactorily controlled and reduced bythe control and treatment technologiesrequired to meet the limitations estab-lished for the control parameters se-lected; they axe present at such low levelsin the wastes, especially combined Wastesthat would be discharged, as to be of littleor no pollutional significance; and thereare no proven technologies for their con-trol or treatment that are within therealm of economic feasibility for thedairy products processing industry.

(3) It has been pointed out that thereIs an apparent discrepancy between thenumber of plant closures which couldresult in 1977 due to the proposed guide-lines and the number of plants whichhave applied for a permit to dischargewastes to the navigable waters. Thetotal number of permit applications inthis category is something less than 500,while the number of plants which it isprojected could possibly be closed fromthese regulations is approximately 570.From the information available it wouldappear that possibly: 1) Many plantswhich must apply for permits have notyet done so; 2) almost all dairy process-ing plants now discharge wastes to mu-nicipal sewers; or 3) the economic im-pact which has been estimated on thebasis of statistical and average data doesnot reflect the real world.

Additional information and data whichcan clarify this apparent contradictionalong with supporting statistical and ec-onomic information is specifically re-quested by EPA.

(4) It has been suggested that seg-mentation of the dairy products process-ing industry on the basis of plant size oreconomic impact should be considered.The EPA has considered these possibiil-

ties on the basis of available Informa-tion; however, certain additional infor-mation about small dairy product proc-essing plants could. be helpful In evalu-ating the desirability of further segmen-tation or in establishing a range ofeffluent standards for small processingplants.

Additional Information detailing thepresent-in-place-waste treatment sys-tems, connection or possible connectionto municipal sewers and the potential forusing irrigation disposal of wastes is re-quested relative to the following dairyproduct processing operations whichhave milk equivalent inputs less than thevalue shown: (1) Butter (150,000 lb/day); (2) cheese (80,000 lb/day); (3)condensed or evaporated milked (150,000lb/day); (4) ice cream and frozen des-serts (24,000 lb/day) ; (5) fluild products(215,000 lb/day); (6) cottage cheese(20,000 lb/day); and (7) fluid milk re-ceiving (54,000 lb/day).

Interested persons may participate inthis rulemaking by submitting writtencomments in triplicate to the EPA In-formation Center, Environmental Pro-tection Agency, Washington, D.C. 20460,Attention: Mr. Philip B. Wisman. Com-ments on all aspects of the proposedregulations are solicited. In the eventcomments are in the nature of criticismsas to the adequacy of data which is avail-able, or which may be relied upon bythe Agency, comments should identifyand, if possible, provide any additionaldata which may be available and shouldindicate why such data is essential tothe development of the regulations. Inthe event comments address the ap-proach taken by the Agency in establish-ing an effluent limitation guideline orstandard of performance, EPA solicitssuggestions as to what alternative ap-proach should be taken and why and howthis alternative better satisfies the de-tailed requirements of sections 301, 304(b), 306 and 307 of the Act.

A copy of all public comments will beavailable for inspection and copying atthe EPA Information Center, Room 227,West Tower, Waterside Mall, 401 MStreet, SW., Washington, D.C. A copy ofpreliminary draft contractor reports, theDevelopment Document and economicstudy referred to above and certain sup-plementary materials supporting thestudy of the industry concerned will alsobe maintained at this location for publicreview and copying. The EPA informa-tion regulation, 40 CPR Part 2, providesthat a reasonable fee may be chargedfor copying.

All comments received- will be con-sidered. Steps previously taken by theEnvironmental Protection Agency to fa-cilitate public response within this timeperiod are outlined in the advance noticeconcerning public review procedurespublished on August 6, 1973 (38 FR21202).

Dated: December 7, 1973.

JoEM QUvAxzs,Acting Administrator.


34957

34958

PART 405-EFFLUENT LIMITATIONSGUIDELINES FOR EXISTING SOURCESAND STANDARDS OF PERFORMANCEAND PRETREATMENT STANDARDS FORNEW SOURCES FOR THE DAIRY PROD-UCTS PROCESSING INDUSTRY POINTSOURCE CATEGORYSubpart A-Receiving Stations Subcategory

Sec.405.10 Applicability: Description of receiv-

ing stations subcategory.405.11 S.ecialized definitions.405.12 Effluent limitatibns guidelines repre-

senting the degree of effluent re-duction attainable by the applica-tion of the best practicable controltechnology currently available.

405.13 Effluent limitations guidelines repre-senting the degree of effluent re-duction attainable by the applica-tion of the best available tech-nology economically achievable.

405.14 Standards of performance for newsources.

405.15 Pretreatment standards for newsources.

Subpart B--Fluid Products Subcategory405.20 Applicability: Description of fluid

products subcategory.405.21 Specialized definitions.405.22 Effluent limitations guidelines repre-

senting the degree of effluent re-duction attainable by the applica-tion of the best practicable con-trol technology currently available.

405.23 Effluent limitations guidelines repre-senting the degree of effluent re-duction attainable by the applica-tion of the best available tech-nology economieally achievable.


40525 Pretreatment standards for newsources.

Subpart C-Cultured Products Subcategory405.80 Applicability: Description of cul-

tured products subcategory.405.31 Specialized definitions.405.82 Effluent limitations guidelines rep-

resenting the degree of effluentreduction attainable by the ap-plication of the best practicablecontrol technology currently avail-able.

405.33 ffluent limitations guidelines rep-resenting the degree of effluentreduction attainable by the appli-cation of the best available tech-nology economically achievable.


405.35 Pretreatment, standards for newsources.

Subpart D-Butter Subcategory405.40 Applicability: Description of the

butter subcategory.405.41 Specialized definitions.405.42 Effluent limitations guidelines rep-

resenting the degree of effluentreduftion attainable by the ap-plication of the best practicablecontrol technology curiently avail-able.

405.43 Effluent limitations guidelines rep-resenting the degree of effluentreduction attainable by the appli-cation of the best available tech-nology economically achievable.



PROPOSED RULES

Subpart E--Cottage Cheese and Cultured CreamCheese Subcategory

See.405.50 Applicability: Description of the cot-

tage cheese and cultured creamcheese subcategory.

405.51 Specialized definitions.405.52 Effluent limitations guidelines rep-





Subpart F-Natural and Processed CheeseSubcategory

405.60 Applicability: Description of naturaland processed cheese subcategory.






Subpart G-Fluid Mix For Ice Cream and OtherFrozen Desserts Subcategory

405.70 Applicability: Description of thefluid mix for ice cream and otherfrozen desserts subcategory.



405.73 Effluent limitations guidelines rep-resenting the degree of effluentreduction attainable by the appli-cation of the best available tech-nology economically achievabl&.



Subpart H-ce Cream, Frozen Desserts, Noveltiesand Other Dairy Desserts Subcategory

405.80 Applicability: Description of the cecream, frozen dessert, noveltiesand other dairy desserts sub-category.

405.81 Specialized definitions.405.82 Effluent limitations guidelines repre-

senting the degree of effluent re-duction attainable by the applica-tion of the best practicable controltechnology currently available.

405.83 Effluent limitations guidelines rep-resenting the degree of effluent re-ductlon attainable by the applica-tion of' the best available tech-nology economically achievable.

405M Standards of performance for newsources.

405.5 Pretreatment standards for neowsouTcers

Subpart i-Condensed Milk SubcategorySec.405.90 Applicability: Description of the con-

densed milk subcategory.40.91 Specialized definitions.405.92 Effluent limitations guidelines rep-

resenting the degree of effluentreduction attainable by the appli-cation of the best practicable con-trol technology currently available.

405.93 Effluent limitations guidelines rep-resenting the degree of effluent re-duction attainable by the applica-tion of the best available tech-nology economically achievable.



Subpart J-Dy Milk Subcategory

405.100 Applicability: Description of thedry milk subcategory.


resenting the degree of effluentreduction attainable by the ap-plication of the best practicablecontrol technology currentlyavailable.

405.103 -Effluent limitations guidelines rep-resenting the degree of effluentreduction attainable by the ap-plication- of the best availabletechnology economically achieva-ble.

405.104 Standards of performances for newsources.


Subpart K-Condensed Whey Subcategory

405.110 Applicability: Description of thecondensed whey subcategory.



405.113 Effluent limitations guidelines rep-resenting the degree of effluentreduction attainable by the ap-plication of the best availabletechnology economically achieva-ble.


405.115 Pretreatment standards for newsources

- St~part L-Dry Whey Subcategory

405.120 Applicability: Description of the drywhey suboategory.



405.123 Effluent limitations guidelines rep-resenting the degree of effluentreduction attainable by the ap-plication of the beet availabletechnology economically achieva-ble.

405.124 Standards of performance for newsources&



PROPOSED RULES

Subpart A--Receving StationsSubcategory

§ 405.10 Applicability: Description ofreceiving stations subcategory.

The provisions of this subpart are ap-plicable to discharges resulting from theoperation of receiving stations engagedin the assembly and reshipment of bulkmilk for the use of manufacturing orprocessing plants.

§ 405.11 Specialized definitions.For the purpose of this subpart:(a) The term "10D5 input' shall

mean the biochemical oxygen demand ofthe materials entered into process. it canbe calculated by multiplying the fats,proteins and, carbohydrates by the fac-tors of 0.890, 1.031 and 0.691 respec-tively. Organic acids (e.g. lactic acids)should be included as carbohydrates.

(b) The following abbreviations shallhave the following meaning: (1) MOfD5"&ball mean five day biochemical oxygendemand; (2) "TSS' shall mean total sus-pended non-flterable solids; (3) "kg"shall mean kilogram(s); (4) "kkg" shallmean 1000 kilograms; and, (5) "Ib" shallmean pound(s).

5405.12 Effluent limitations guidelinesresenting the degree of effluentr ton attainable by the applica-

tion of the best practicable controltechnology currently available.

The following limlitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged after application of best prac-ticable control technology currentlyavailable by a point source subject tothe provisions of this subpart:

(a) For receiving stations receivingonly bulk milk in tank trucks.

Effluentchruefteritic Efsent limitationMODS ---.- Maximum for any one day

022 kgAtgof BODS Input(0.082 lb/100 lb).

ZMaxium average of dailyvalues for any period ofthirty consecutive days0.12 kg/kg of BODS input(0.012 lb/1O0 lb).

T -------- Maximum for any one day0.32 kg/kkg of BODS input(0.012 lb/lO0 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.12 kg/kkgof BOD5 input(0.012 lb/100 lb).

p - Within the range of 6.0 to9.0.

(b) For receiving stations receivingonlymilk In cans.

.aracta-isti Effluent limitationBOD ....... Maximum for any one day

0AO kg/kkg of BODE input(0,4 lb/00 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.20 kg/kkg of BODS input0.o02 Ibl00 ib).

Effluentchtwactentid

PH -----

Effluent limitationMaximum for any one day

O.46 kg/kkg of BOD Input;0.045 lb/100 Ib).

Maximum average of daily'values for any period ofthirty consecutive days0.20 kg/kkg of BOD5 input0.020 lb/100 Ib).

Within the range of 6.0 to9.0.

(c) For receiving stations receivingmilk in both bulk and cans, the effluentlimitations shall be weighted averagesbased on the proportion of the total re-ceipts that are received by each mode.

405.13 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best available technologyeconomically achievable.

The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged after application of the bestavailable technology economicallyachievable by a point source subject tothe provisions of this subpart:

(a) For receiving stations receivingonly bulk milk in tank trucks.

Eoffluentcharacteisto Effluent limitationBOD5 ------- Maximum for any one day

(0.005 lb/oo lb).Maximum average of daily

values for any period ofthirty consecutive days0.03 kg/kkg of BOD5 input(0.003 lb/OO lb).

Maximum for any one day0.05 kg/kkg of BOD5 input(0.005 lb/oot b).

Maximum average of dailyvalues for any period ofthirty consecutive days0.08 kg/kkg of BODE input(0.003 lb/100 lb).


pH

(b) For receiving stations receivingonly milk in cans.

Bffluentc.aracteristicBOD5 ---


0.10 kg/kkg of BOD5 input(0.010 lb/loo Ib). -

Maximum average of dailyvalues for any period ofthirty consecutive days0.06 kg/kkg BOD5 input(0.006 lb/00 lb).

Maximum for any one day0.10 kg/kkg of BODE input(0.010 lb/100 Ib).

Maximik- average of dailyvalues for any period ofthirty consecutive days0.06 kg/kkg of BODE Input(0.006 lb/lo 1b).


(c) For receiving stations receivingmilk in both bulk and cans the effluentlimitations shall be weighted averagesbased on the proportion of the total re-ceipts that are received by each mode.

34959

§ 405.14 Standards of performance fornew soi11[ces.

The following limitations constitutethe quantity or quality of pbllutants orPollutant properties which may be dis-charged reflecting the greatest degree ofeffluent reduction achievable through ap-Plication of the best available demon-strated control technology, processes, op-erating methods, or other alternatives,Including, where practicable, a standardpermitting no discharge of pollutants by,a new Paint source subject to the provi-sions of this subpart:

(a) For receiving stations receiving'only bulk milk in tank trucks.

Effluentcharacteristic Effluent limitation

10D5 -----. Maximum for any one div

TSS ---------

pH

0.05 kg/kkg of BOD5 input(0.005 lb/oo ib).

Maximum average of dailyvalues for any period ofthirty consecutive days0.03 kg/kkg of BOD5 Input(0.008 lb/l00 lb).

Maximum for any one day0.05 kg/kkg of BODE input(0.005 lb/o lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.03 kg/kkg of BODS ihput(0.008 "lb/100 lb).

Within the range of 6.0 ta9.0.

(bW For receiving stations receivingonly milk In cans.SEffluent

diuwactertstfo Effluent limitationBOD5 ------- Maximum for any one day

0.10 kg/kg of BODE input(0.010 lb/OO lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.06 kg/kkg of BODE input(0.006 lb/100 lb).

--------- Maximum for any one day0.10 kg/kkg of BOD5 input(0.010 lb/1001b).

Maximum average of daily:values for any period of'thirty consecutive days0.08 kg/kkg of BODE Input(0.005 lb/1OO Ib).

pH ---------- WIthin the range of 6.0to 9.0.

(c) For receiving stations receivingmilk In both bulk and cans, the effluentlimitations shall be weighted averagesbased on the proportion of the total re-ceipts that are received by each mode.

405.15 Pretreatment standards for new

The pretreatment standards undersection 307(c) of the Act, for a sourcewithin the dairy products processing in--dustry, receiving stations subcategory,which is an industrial user of a publiclyowned treatment works (and whichwould be a new source subject to section306 of the Act, if It were to dischargepollutants to navigable waters), shall be,+he st adard set forth In Part 128 of thistitle, except that for the purposes of thissection, J 128.133 of this title shall be


34960

amended to read as follows: 'In additionto the prohibitions set forth in § 128.131.the pretreatment standard for incompat-ible pollutants introduced into a publiclyowned treatment works by a major con-tributing industry shall be the standardof performance for new sources speci-fied in § 405.14, of this title: Provided,That, if the publicly owned treatmentworks which receives the pollutants iscommitted, in its NPDES permit, to re-move a specified percentage of any in-compatible pollutant, the pretreatmentstandard applicable to users of suchtreatment works shall be correspondinglyreduced for that pollutant.

Subpart B-Fluid Products Subcategory

§ 405.20 Applicability: Description offluid products subcategory. -

The provisions of this subpart are ap-plicable to discharges resulting from themanufacture of market milk (rangingfrom 3.5 percent fat to fat-free), flavoredmilk (chocolate and others) and cream(of various fat concentrations, plain andwhipped).§ 405.21 Specialized definitions.

For the purpose of this subpart:(a) The term "BOD5 input" shall mean

the biochemical oxygen demand of thematerials entered into process. It can becalculated by multiplying the fats, pro-teins and carbohydrates by the factorsof 0.890, 1.031 and 0.691 respectively.Organic acids (e.g. lactic acids) shouldbe included as carbohydrates.

(b) The following abbrevations shallhave the following meaning: (1) "BOD5"shall mean five day biochemical oxygendemand; (2) "TSS" shall mean total sus-pended non-filterable solids; (3) "kg"shall mean kilogram(s); (4) "kkg" shallmean 1000 kilograms; and, (5) "Ib"shall mean pound(s).

§ 405.22 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best practicable controltechnology currently available.

The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged atfer application of best prac-ticable control technology currentlyavallableby a point source subject to theprovisions of this subpart:

Effluentcharacteristic Effluent limitationBOD5 Maximum for any one day

1.80 kg/kkg of BOD5 Input(0.180 Ib/100 Ib).

Maximum average of dailyvalues for any period ofthirty consecutive days0.60 kg/kkg of BOD5 input(0.060 lb/100 lb).

Maximum for any one day1.80 kg/kkg of BOD5 input.(0.180 Ib/100 lb).

Maximum average of dailyvalues for any periodof thirty consecutive days0.60 kg/kkg of BOD5 input(0.060 lb/100 lb).

Within the range of 6.0to 9.0.

PROPOSED RULES

§ 405.23 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best available technologyeconomically achievable.

The following limitations constitutethe quantity or quality of pollutantsor pollutant properties which may bedischarged after application of thebest available technology economicallyachievable by a point source subject tothe provisions of this subpart:

Effluentcharacteristic Effluent limitationBOD5 -------- Maximum for any one day

TS8 --------

0.12 kg/kkg of BODS in-put (0.012 lb/100 lb).

Maximum average of daily,values for any period ofthirty consecutive days0.08 kg/kkg of BOD5 In-put (0.008 Ib/100 lb).

Maximum for any one day0.12 kg/kkg of BOD5 in-put (0.012 It/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.08 kg/kkg of BOD5 n-put (0.008 lb/100 Ib).


§ 405.24 Standards of performance fornew sources.

The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged reflecting the greatest degree ofeffluent reduction achievable through ap-plication of the best available demon-strated control technology, processes,operating methods, or other aterna-tives, including, where practicable, astandard permitting no discharge of pol-lutants by a new point source subject tothe provisions of this subpart:


0.12 kg/kkg for BOD5 in-

TSS ---------

pus (0.o12 1/10 b).Maximum average of daily

values for any period ofthirty consecutive days0.08 kg/kkg of BOD5 in-put (0.008 lb/100 ib).

Maximum for any one day0.12 kg/kkg for BODS in-put (0.012 lb/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.08 kg/kkg of BODS in-put (0.008 Ib/100 lb).

pH --------- Within the range of 6.0 to9.0.

§ 405.25 Pretreatment.standards for newsources.

The pretreatment standards undersection 307(c) of the Act, for a sourcewithin the dairy products processing In-dustry, fluid products subcategory, whichis an Industrial user of a -publicly ownedtreatment works (and which would be anew source subject to section 306 of theAct, if it were to discharge pollutants tonavigable waters), shall be the standardset forth In Part 128 of this title, exceptthat for the purposes of this section,

§ 128.133 of this. title shall be amendedto read as follows: "In addition to theprohibitions set forth in § 128.131, thepretreatment standard for incompatiblepollutants Introduced into a publiclyowxied .treatment works by a majorcontributing industy shall be the stand-ard of performance for new sources spe-cified in § 405.24, of this title: Provided,That, if the publicly owned treatmentworks which receives the pollutants iscommitted, in its NPDES permit, to re-move a specified percentage of any in-compatible pollutant, the pretreatmentstandard applicable to users of suchtreatment works shall be correspond-ingly reduced for that pollutant."

Subpart C-Cultured Products Subcategory

§405.30 Applicability: Description ofcultured products subcategory.

The provisions of this subpart are ap-plicable to discharges resulting from themanufacture of cultured products, In-cluding cultured skim milk (culturedbuttermilk) yogurt, sour cream anddips of various types.

§ 405.31 Specialized definitions.

For the purpose of this subpart:(a) The term "BOD5 input" shall

mean the biochemical oxygen demandof the materials entered Into process. Itcan be calculated by multiplying thefats, proteins and carbohydrates by thefactors of 0.890, 1.031 and 0.691 respec-tively. Organic acids (e.g. lactic acids)should be included as carbohydrates.

(b) The following abbreviations shallhave the following meaning: (1) "BOD5"shall mean five day biochemical oxygendemand; (2) "TSS" shall mean totalsuspended non-filterable solids; (3) "kg"shall mean kilogram(s); (4) "kkg" shallmean 1000 kilograms; and, (5) "Ib" shallmean pound(s).


The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged after application of best prac-ticable codntrol technology currentlyavailable by a point source subject to theprovisions of this subpart:


BOD5 ------- Maximum for any one day

TSS ---------

pH

830 kg/kkg of BODS in-put (0.820 lb/100 lb).

Maximum average of daffyvalues for any period ofthirty consecutive days0.80 kg/kkg of BOD5 input(0.080 lb/100 ib).

Maximum for any one day8.20 kg/kkg of BOD5 in-put (0.320 lb/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.80 kg/kkg of BOD$ in-put (0.080 lb/100 Ib).


FEDERAL REGISTER, VOL 38. NO. 244-THURSDAY, DECEMBER 20, 1973

-- - -- -

PROPOSED RULES


The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged after application. of the bestavailable technology, economicallyachievable by a point source subject tothe provisions of this subpart:

Effluentcharacteristic Effluent limitation3OD5 -------- Maximum for any one day

TS8 -----

PH .........

0.83 kg/kkg of B0D5 input(0.088 lb/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.11 kg/kkg of B0D5 input(0.011 lb/100 Ib).

0.88 kg/kkg of BOD5 Input(0.083 ib/leO lb).

Maximum for any one dayMaximum average of daily

values for any period ofthirty consecutive days0.11 kg/kkg of BOD5 input(0.011 lb/100 lb).



The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged reflecting the greatest degree ofeffluent reduction achievable through ap-plication of the best available demon-strated control technology, processes, op-erating methods, or other alternatives,Including, where practicable, a standardpermitting no discharge of pollutants bya new point source subject to the pro-visions of this subpart:

Effluentc aracteristic Effluent limitation

BOD5 -------- Maximum for any one day0.38 kg/kkg of B0D5 input(0.088 lb/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.11 kg/kkg of BeD5 input(0.011 lb/100 ib).

Maximum for any one day0.33 kg/kkg of B0D5 input(0.083 lb/100 lb).

Maximum average of dailyvalues for any, period ofthirty consecutive days0.11 kg/kkg of B0D5 input(0.011 kg/kkg lb/100 Ib).


§ 405.35 Pretreatment standards for newsources.

The pretreatment standards undersection 307(c) of the Act, for a sourcewithin the dairy products processing in-dustry, cultured products subcategory,which is an industrial user of a publiclyowned treatment works (and whichwould be a new source subject to section306 of the Act, if it were to dischargepollutants to navigable waters), shall bethe standard set forth in Part 128 of this

title except that for the purposes of thissection, § 128.133 of this title shall beamended to read as follows: '7n addi-tion to the prohibitions set forth in sec-tion 128.131, the pretreatment standardfor incompatible pollutants introducedinto a publicly owned treatment worksby a major contributing industry shallbe the standard of performance for newsources specified in § 405.34, of this title;provided, That, if the publicly ownedtreatment works which receives the pol-lutants is committed, in its NPDES per-mit, to remove a specified percentage ofany incompatible pollutant, the pretreat-ment standard applicable to users ofsuch treatment works shall be corre-spondingly reduced for that pollutant."

Subpart D-Butter Subcategory§405.40 Applicability: Description of

butter subcategory.The provisions of this subpart are ap-

plicable to discharges resulting from themanufacture of butter, either by churn-ing or continuous process.§ 405.41 Specialized definitions.


mean the biochemical oxygen demandof the materials entered into process. Itcan be calculated by multiplying thefats, proteins and carbohydrates by thefactors of 0.890, 1.031 and 0.691 respec-tively. Organic acids (e.g. lactic acids)should be included as carbohydrates.

(b) The following abbreviations shallhave the following meaning: (1) "BOD5"shall mean five day biochemical oxygendemand; (2) "TSS" shall mean total sus-pended non-filterable solids; (3) "kg '

shall mean kilogram(s); (4) "kkg" shallmean 1000 kilograms; and, (5) "lb" shallmean pound(s).§ 405.42 Effluent limitations guidelines

representing the degree of effluentreduction attainable by the applica-tion of the best practicable controltechnology currently available.

The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged after application of best practi-cable control technology currently avail-able by a point source subject to the pro-visions of this subpart:

Effluentcharacteristic Effluent limitationBOD5 -...... Maximum for any one day

2.60 kg/kkg of BOD5 input(0.260 lb/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.81 kg/kkg of BeD5 input0.081 lb/100 lb).

TSS ---------- Maximum for any one day2.60 kg/kkg of BO5 input(0.260 lb/10 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days,0.81 kg/kkg of BODS input(0.081 lb/100 Ib).



The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged after application of the bestavailable technology economicallyachievable by a point source subject tothe provisions of this subpart:

Effluentcharacteristic Effluent limitationBOD5 ------- Maximum for any one day

0.26 kg/kkg of B0D5 input(0.026 lb/100 Ib).

Maximum average of dallyValues for any period ofthirty consecutive days0.13 kg/kkg of B0D5 input(0.013 lb/lO0 lb).

TSS ---------- Maximum for any one day0.26 kg/kkg of BODE input(0.026 lb/1SO Ib).

Maadmum average of dailyvalues for any period ofthirty consecutive days0.13 kg/kkg of B0D5 input(0.018 lb/100 lb).

pH ---------- Within the range of 6.0 to9.0.

§ 405.44 Standards of performance for

new sources.

The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged reflecting the greatest degree ofeffluent reduction achievable through ap-plication of the best available demon-strated control technology, processes, op-erating methods, or other alternatives,including, where practicable, a standardpermitting no discharge of pollutants bya new point source subject to the pro-visions of this subpart:


TSS ---------

pH -----

0.26 kg/kkg of B0D5 Input(0.026 lb/100 lb).

Maximum wverage of dailyvalues for any period ofthirty consecutive days0.13 kg/kkg of BOD input(0.013 lb/100 lb).

Maximum for any one day0.26 kg/kkg of BD5 input(0.026 lb/100 Ib).

Maximum average of dailyvalues for any period ofthirty consecutive days0.13 kg/kkg of B0D5 input(0.018 lb/100 lb).


§ 405.45 Pretreatment standards for newsources ,

The pretreatment standards undersection 307(c) of the Act, for a sourcewithin the dairy products processing in-dustry, butter subcategory, which is anindustrial user of a publicly owned treat-ment works (and which would be a newsource subject to section 306 of the Act, ifit were to discharge pollutants to navi-gable waters), shall be the standard set

FEDERAL REGISTER, VOL 38, NO. 244-THURSDAY, DECEMBER 20, 1973No. 244-Pt. II-2

TS8--------

pH ..........

34961

34962

forth in Part 128 of this title, except thatfor the purposes of this section, § 128.133of this title, shall be amended to read asfollows: "In addition to the prohibitionsset forth in § 129.131, the pretreatmentstandard for incompatible pollutants in-troduced into a publicly owned treatmentworks by a major contributing industryshall be the standard of performance fornew sources specified in § 405.44 of thistitle: Provided, That, if the publiclyowned treatment works which receivesthe pollutants is committed, in itsNPDES permit, to remove a specifiedpercentage of any incompatible pollut-ant, the pretreatment standard applica-ble to users of such treatment works shallbe correspondingly reduced for thatpollutant."Subpart E-Cottage Cheese and Cultured

Cream Cheese Subcategory§ 405.56 Applicability: Description of

cottage cheese and cultured creamcheese subcategory.

The provisions of this subpart are ap-plicable to discharges resulting from themanufacture of cottage cheese and cul-tured cream cheese.§ 405.51 Specialized definitions.


mean the biochemical oxygen demand ofthe materials entered into process. It canbe calculated by multiplying the fats,proteins and carbohydrates by the fac-tors of 0.890, 1.031 and 0.691 respectively.Organic acids (e.g., lactic acids) shouldbe included as carbohydrates.(b) The following abbreviations shall

have the following meaning: (1) "BoD5"shall mean five day biochemical oxygendemand; (2) 'TSS" shall mean totalsuspended non-filterable solids; (3)"kg" shall mean kilogram(s); (4) "kkg"shall mean 1000 kilograms; and, (5) "b"shall mean pound(s).


The following limitations constitutethe quantity or uality of pollutants orpollutant properties which may be dis-charged after application of best practi-cable control technology currently avail-able by a point source subject to theprovisions of this subpart:

Effluentcharacteristic Eguent imitationBOD5 -------- Maximum for any one day

TSS .......

18.24 kg/kkg of BOD5 in-put (1.824 lb/100 lb). '

Maximum average of dallyvalues for any period ofthirty consecutive days4.58 kg/kkg of BODE in-put (0.456 lb/100 Ib).

Maximum for any one day18.24 kg/kkg of BODS in-put (1.824 lb/lO0 Ib).

Maximum average of dailyvalues for any period ofthirty consecutive days4.58 kg/kkg of BOD5 in-put (0.456 lb/100 lb).


PROPOSED RULES

§405.53 Effluent limitations guidelines, representing the degree of effluent

reduction attainable by the applica-tion of the best available technologyeconomically achievable,'

The following limitations constitutethe quantity or quality of pollutantsor pollutant properties which maybe discharged after application of thebest available technology economicallyachievable by a point source subject tothe provisions of this subpart:

Effluentcharacteristfc Effluent limitationBOD5 -------- Maximum for any one day

TSS.........

2.20 kg/kkg of BOD5 in-put (0.220 lb/100 Ib).

Maximum hverage of dailyvalues for any period ofthirty conseautive days1.07 kg/kkg of BODE in-put (0.107 lb/100 lb).

Maximum for any one day2.20' kg/kkg of BOD5input (0.220 b/100 Ib).

Maximum average of dallyvalues for any period ofthirty consecutive days1.07 kg/kkg of BOD5input (0.107 kg/kkg lb/100 lb).

Withb the range of 6.0 to9.0.


The following limitations constitutethe quantity or quality of pollutantsor pollutant properties which may bedischarged reflecting the greatest degreeof effluent reduction achievable throughapplication of the best available demon-strated control technology, processes, op-erating methods, or other alternatives,including, where practicable, a standardpermitting no discharge of pollutants bya new point source subject to the pro-visions of this subpart:

Effluentcharacteristic Effluent limnitatzionBODS -------- Maximum for any one day

TSS ----------

2.20 kg/kkg of BOD In-;put (0.220 lb/100 Ib).

Maximum average of dailyvalues for any period ofthirty consecutive days1.07 kg/kkg of BeD3S in-put (0.107 lb/100 tb).

Maximum for any one day2.20 kg/kkg of BOD5 in-put (0.220 lb/100 Ib).

Maximum average of dailyvalues for any period ofthirty consecutive days1.07 kg/kkg of BODE in-put (0.107 lb/100 lb).



The pretreatment standards under sec-tion 307(c) of the Act, for a source withinthe dairy products processing industry,cottage cheese and cultured cream cheesesubcategory, which is an industrial userof a publicly owned treatment works(and which would be a new source sub-

Aect to section 306 of the Act, if it wereto discharge pollutants to navigablewaters), shall be the standard set forthin Part 128 of this title except that fjrthe purposes of this section, § 128.133, of

this title shall be amended to read asfollows: "In addition to the prohibitionsset forth in § 128.131, the pretreatmentstandard for incompatible pollutants in-troduced into a publicly owned treatmentworks by a major contributing industryshall be the standard of performance fornew sources specified in § 405.54 of thistitle: Provided, That, if the publiclyowned treatment works which receivesthe pollutants Is committed, in itsNPDES permit, to remove a specified per-centage of any incompatible pollutant,the pretreatment standard applicable tousers of such treatment works shall becorrespondingly reduced for that pol-lutant'

Subpart F--Natural and Processed CheeseSubcategory

§405.60 Applicability: Description ofnatural and processed cheese sub-category.

The provisions of this subpart are ap-plicable to discharges resulting from themanufacture of natural cheese (hardcurd) and processed cheeses.§ 405.61 Specialized definitions.

For the purpose of this subpart:(a) The term "BED5 input" shall mean

the biochemical oxygen demand of thematerials entered into process. It can becalculated by multiplying the fats, pro-teins and carbohydrates by the factors of0.890, 1.031 and 0.691 respectively. Or-ganic acids (e-g. laetic acids) should beincluded as carbohydrates)

(b) The following abbreviations shallhave the following meaning: (1) "BODE"shall mean five day biochemical oxygendemand; (2) "TSS" shall mean totalsuspended non-filterable solids; (3) "kg"shall mean kilogram(s) ; (4) "kkg" shallmean 1000 kilograms; and, (5) "Ib" shallmean pound(s).

§ 405.62 Effluent limitations guiclinesrepresenting the degrees of effluentreduction attainable by the applica-tion of the best practicable controlteclmology currently available.

The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged after application of best prac-ticable control technology currentlyavailable by a point source subject to theprovisions of this subpart:

(a) For plants processing over 75,000lbs/day of milk.

Effluentcharacteristics Effluent imitationBOD5 -------- Maximum for any one day

pH......

0.84 kg/kkg of BOD5 input(0.084 lb/100 Ib).

Maximum average of dallyvalues for any period ofthirty consecutive days028 kg/kkg of BOD input(0.028 lb/100 lb).

Maximum for any one day0.84 kg/kkg of BeD5 input(0.084 16/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.28 kg/kkg of BOD5input(0.028 lb/l00 lb).

Within the range of &.0 to9.0.

FEDERAL REGISTER, VOL. 38, NO. 244-THJRSDAY, DECEMBER 20, 1973

(b) For plants processing less than75,000 lb/day of milk.

EffluentcharacteristicBODE --------


The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged after application of the besta v a i a b 1 e technology economicallyachievable by a point source subject tothe provisions of this subpart:

(a) For plants processing over 75,000lb/day of milk.


BODS .-....... Maximum for any one day

PH.-------


Maximum average of dailyvalues for any period of.thirty consecutive days0.06 kg/kkg of BOD5 input(0.006 lb/100 lb).

Maximum for any one day0.12 kg/kkg of BOD5 input(0.012 lb/100 ib).

Maximum average of dailyvalues for any period ofthirty consecutive days0.06 kg/kkg of BOD5 input(0.006 lb/oo lb).


(b) For plants processing less than'5,000 lb/day of milk.

EffluentEffluent limitation

Maximum for any one day0.24 kg/kkg of BOD5 input(0.024 lb/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.12 kg/kkg of BOD input(0.012 lb/100 ib).

Madmum for any one day0.24 kg/kkg of BOD5 input(0.024 lb/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.12 kg/kkg of BOD5 input'(0.012 lb/100 lb).


§ 405.64 Standards of performance fornow sources.

The following limitations constitutethe quantity or quality of pollutants or

PROPOSED RULES

pollutant properties which may be dis-charged reflecting the greatest degree ofeffluent reduction achievable throughapplication of the best available demon-strated control technology, processes,operating methods, or other alternatives,Including, where practicable, a standardpermitting no discharge of pollutants bya new point source subject to the pro-visions of this subpart:

(a) For plants processing over- 75,000lb/day of milk

Effluenteharacteristic Effluent limitation

BOD -------- Maximum for any one day

TSS .........

pH.........--

Effluent limitatfonMaximum for any one day

2.52 kg/kkg of BeOD5 input(0.252 lb/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.84 kg/kkg of BODE Input(0.084 lb/100 Ib).

Maximum for any one day2.52 kg/kkg of BOD5 Input(0.252 ob/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.84 kg/kkg of BOD5 input(0.084 lb/l0o lb).


(b) For plants processing less than75,000 lb/days of milk.

Effluentcharacteristic Effluent limitationBODE .-...... Maximum for any one day


Maximum average of dailyvalues for any period ofthirty consecutive days0.12 kg/kkg of BOD5 input(0.012 lb/100 1b).

TSS --------- Maximum for any one day0.24 kg/kkg of BOD5 Input(0.024 lb/100 Ib).



§ 405.65 Pretreatment standards for new

sources.

The pretreatment standards under sec-tion 307(c) of the Act, for a sourcewithin the dairy products processing in-dustry, natural and processed cheesesubcategory, which is an industrial userof a publicly owned treatment works(and which would be a new source sub-ject to section 306 of the Act, if it wereto discharge pollutants to navigablewaters), shall be the standard set forthin Part 128 of this title except that forthe purposes of this section, § 128.133, ofthis title shall be amended to read asfollows: "In addition to the prohibitionsset forth in § 128.131, the pretreatmentstandard for incompatible pollutants in-troduced into a publicly owned treatmentworks by a major contributing industryshall be the standard of performance fornew sources specified in § 405.64, of thistitle: Provided, That, if the publiclyowned treatment works which receivesthe pollutants is committed, in itsNPDES permit, to remove a specified per-

34963

centage of any incompatible pollutant,the pretreatment standard applicable tousers of such treatment works shall becorrespondingly reduced for that pol-lutant."

Subpart G-Fuid Mix For Ice Cream andOther Frozen Desserts Subcategories

§ 405.70 Applicability; description offluid mix for ice cream and otherfrozen desserts subcategory.

The provisions of this subpart are ap-plicable to discharges resulting from themanufacture of the fluid mixes for icecream and other frozen desserts for laterfreezing in other plants; it does not in-clude freezing of the products as one ofthe-affected operations.



mean the biochemical oxygen demand ofthe materials entered into process. Itcan be calculated by multiplying the fats,proteins and carbohydrates by the factorsof 0.890, 1.031 and 0.691 respectively.Organic acids (eg., lactic acids) shouldbe included as carbohydrates.. (b) The following abbreviations shallhave the following meaning: (1) $SODS"shall mean five day biochemical oxygendemand; (2) 'TSS" shall mean totalsuspended, no-filterable solids; (3) "kg"shall mean kilogram(s) ; (4) "kkg" shallmean 1000 kilograms; and, (5) "Ib" shallmean pound(s).


The following limitations consbitutethe qiLantity or quality of pollutants orfollutant properties which may be dis-charged after application of best prac-ticable control technology eurrentlyavailable by a point source subject to theprovisions of this subpart:


BOD5 -------. Maximum for any one day

pH ----------

1.80 kg/kkg of BODD input(0.180 lb/100 Ib).

Maximum average of dailyvalues for any period ofthirty consecutive days0.60 kg/kkg of BOD5 Input(0.060 lb/100 lb).





The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged after application of the best


0.12 kg/kkg of BOD5 input(0.012 lb/100 Ib).

Maximum average of dailyvalues for any period ofthirty consecutive days0.06 kg/kkg of BODE Input(0.006 lb/100 lb).

Maximum ~or any one day0.12 kg/kkg of BODE input(0.012 lb/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.06 kg/kkg of BODI Input(0.006 lb/100 lb).


Tes --------

PH ----------

characteristicBODS -------

TSS ........

PH........--

PROPOSED RULES

available technology economicallyachievable by a point source subject tothe provisions of this-subpart:

EffluentEffluent limitation



Maximum for any one day0.16 kg/kkg of BOD5 input(0.016 lb/100 lb). .




The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged reflecting the greatest degree ofeffluent reduction achievable through ap-plication of the best available demon-strated control technology, processes, op-erating methods, or other alternatives,including, where practicable, a standardpermitting no dischargb of pollutants bya new point source subject to the provi-sions of this subpart:'


BOD5 -------- Maximum for any one day0.16 kg/kkg of BOD5 input(0.016 lb]100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.08 kgfkkg of BOD5 Input(0.008 lb/1O0 lb). a

TSS ---------- Maximum for any one day0.16 kg/kkg of BOD5 Input(0.016 lb/100 ib).

Maximum average of dailyvalues for any period ofthirty consecutive days0.08 kg/kkg of BODS Input(0.008 lb/O0 Ib).

pH ----------- Within the range of 6.0 to9.0.


The pretreatment standards undersection 307(c) of the Act, for a sourcewithin the dairy products processing in-dustry, fluid mix for ice cream and otherfrozen desserts subcategory, which is anindustrial user of a publicly owned treat-ment works (and which would be a newsource subject to section 306 of the Act,If it were to discharge pollutants tonavigable waters). shall be the stand-ard set forth in Part 128, of this title, ex-cept that for the purposes of this section,§ 128.133, of this title shall be amendedto read as follows: "In addition to theprohibitions set forth In § 128.131, thepretreatment standard for incompatiblepollutants introduced into a publiclyowned treatment works by a major con-tributing industry shall be the standardof performance for new sources specifiedIn § 405.74, of this title: Provided, That,

claracterfsticBOD5 .----

PH ----------

7.20 kg/kkg of BOD5 in-put (0.720 lb/IO0 lb).


Maximum for any one day7.20 kg/kkg of BOD5 input(0.720 lb/100 ib).

Maximum average of daffyvalues for any period ofthirty consecutive days2.40 kg/kkg of BODS input(0.240 lb/100 lb).



T&'e following limitations constitutethe quantity or quality of pollutants or

pollutant properties which may be dis-charged after application of the bestavailable technology economicallyachievable by a point source subject tothe provisions of this subpart:

Effluent

If the publicly owned treatment workswhich receives the pollutants is com-mitted, in its NPDE permit, to removea specified percentage of any incom-patible pollutant, the pretreatmentstandard applicable to users of suchtreatment works shall be correspondinglyreduced for that pollutant."

Subpart H-Ice Cream, Frozen Desserts,Novelties and Other Dairy DessertsSubcategory

§405.80 Applicability: Description ofice cream, frozen desserts, noveltiesand other dairy desserts subcategory.

The provisions of this subpart are ap-plicable to discharges resulting from themanufacture of ice cream, ice milk, sher-bert, water ices, stick confections, frozennovelties products, frozen desserts, mel-lorine, pudding, and other dairy prod-uct based desserts.

§ 405.81 Specialized definitions.For the purpose of this subpart:(a) The term "'BOD5 input" shall

mean the biochemical oxygen demand ofthe materials entered into process. Itcan be calculated by multip~lying the fats,proteins and carbohydrates by the fac-tors of 0.890, 1.031 and 0.691 respectively.Organic acids (e.g. lactic acids) shouldbe included as carbohydrate.

(b) The following abbreviations shallhave the following meaning: (1) "BOD5"shall mqan five day biochemical oxygendemand;' (2) "TSS" shall mean total sus-pended non-filterable solids; (3) "kg'shall mean kilogrkn(s); (4) "kkg"shall mean pound(s).


The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged after application of best prac-ticable control technology ctirrentlyavailable by a point source subject to theprovisions of this subpart:

Effluentclaracteristic Effluent limitationBODE ------- Maximum for any one day

pH .........

oc Effluent limitationMaximum for any one day



_ Maximum for any one day0.70 kg/kkg of BOD5 Input(0070 tb/100 lb).


- Within the range of 6.0 to9.0.


The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-.charged reflecting the greatest degree ofeffluent reduction achievable throughapplication of the best available demon-strated control technology, processes.operating methods, or other alternatived,including, where practicable, a standardpermitting no discharge of pollutants bya new point source subject to the provi-sions of this subpart:

IEffluentcharacteristic Effluent limitation

BODS ------- Maximum for any one day

TSS ---------

pH ----------

0.70 kg/kkg of BODS Input(0.0-70 lb/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.85 kg/kkg of BODE Input(o.035 lb/100 lb).

Maximum for any one day0.70 kg/kkg of BOD5 Input(0.070 lb/100 lb).




The pretreatment standards undersection 307(c) of the Act for a sourcewithin the dairy products processing in-dustry, ice cream, frozen desserts, novel-ties, and other dairy desserts subcategorywhich is an industrial user of a publiclyowned treatment works (and whichwould be a new source subject to section306 of the Act, if it were to dischargepollutants to navigable waters), shall bethe standard set forth in Part 128 of thistil6 except that for the purposes of thissection, § 128.133, of this title shall beamended to read as follows: "In additionto the prohibitions set forth in § 128.131,the pretreatment standard for incompat-ible pollutants introduced into a publiclyowned treatment works by a major c -tributing industry shall be the stdard


aaracter~istBOD -------

TSS ---------

p31- - -- - -

34964

PROPOSED RULES

of performance for new sources specifiedin § 405.84, of this title: Provided, That,if the publicly owned treatment workswhich receives the pollutants is commit-ted, in its NPDES permit, to remove aspecified percentage of any incompatiblepollutant, the pretreatment standard ap-plicable to users of such treatment worksshall be correspondingly reduced for thatpollutant."

Subpart -CGondensed Milk Subcategory§ 405.90 .Applicability; description of

condensed milk subcategory.The provisions of this subpart are aP-

plicable to discharges resulting from themanufacture of condensed whole milk.condensed skim milk, sweetened con-densed milk and condensed buttermilk.



mean the biochemical oxygen demand ofthe materials entered into process. It canbe calculated by multiplying the fats,proteins and carbohydrates by the fac-tors of 0.890, 1.031 and 0.691 respectively.Organic acids (e.g., lactic acids) shouldbe included as carbohydrates.(b) The following abbreviations shall

have the following meaning: (1) "BOD5"shall mean five day biochemical oxygendemand; (2) 1"TSS" shall mean total sus-pended non-filterable solids; (3) "kg"shall mean kilogram(s); (4) "kkg" shallmean 1000 kilograms; and, (5) "lb" shallmean pound(s).

5 405.92 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best practicable controltechnology currently available.


Effluentc racteristi Effluent limitationBOD . Maximum for any one day


Maximum average of dailyvalues for any period ofthirty consecutive days0.40 kg/kkg of BOIS input(0.040 lb/100 lb).

Maximum for any one day0.90 kg/kkg of BOD5 input(0.090 ib/100 ib).

Maximum average of dailyvalues for any period ofthirty consecutive days0.40 kg/kkg of BOD5 input(0040 lb/100 lb).


§405.93 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best available technologyeconomically achievable.

The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-

charged after application of the bestavailable technology economicallyachievable by a point source subject tothe provisions of this subpart:

EffluentcharacteristicBOD5 -----

TES -----


0.16 kg/kkg of BOD5 Input(0.016 lb/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.08 kg/kkg of BOD5 input(0.008 Ib/100 Ib).

Maximum for any one day0.16 kg/kkg of BOD5 input(0.016 ib/100 lb).


'Within the range of 8.0 to9.0.

§ 405.94 Standards of performance fornew sources.-

The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged reflecting the greatest degree ofeffluent reduction achievable through ap-plication of the best available demon-strated control technology, processes, op-erating methods, or ether alternatives,including, where practicable, a standardpermitting no discharge of pollutants bya new point source subject to the pro-visions of this subpart:

Effluentcharacteristic Effluent limitationBOD5 ------ - Maximum for any one day

0.16 kg/kkg of BODS Input(0.016 lb/100 ib).


TSS ---------- Maximum for any one day0.16 kg/kkg of BODS input(0.016 lb/100 ib).

Maximum average of dailyvalues for any period ofthirty consecutive days0.08 kg/kkg of BOD5 input(0.008 lb/10o lb).

pH ..--------- Within the range of 6.0 to9.0.

§ 405.95 Pretreatment standards for newsources. TSS ----------

The pretreatment standards under sec-tion 307(c) of the Act, for a source withinthe dairy products processing industry,condensed milk subcategory, which is anindustrial user of a publicly owned treat-ment works (and which would be a newsource subject to section 306 of the Act, Ifit were to discharge pollutants to navi-gable waters), shall be the standard setforth in Part 128 of this title, except thatfor the purposes of this section, § 128.133,of this title shall be amended to read asfollows: "In addition to the prohibitionsset forth in § 128.131, the pretreatmentstandard for incompatible pollutants in-troduced into a publicly owned treatmentworks by a major contributing industryshall be the standard of performance fornew sources specified in § 405.94, of thistitle: Provided, That, if the publicly

owned treatment works which receivesthe pollutants is committed, in itsNPDES permit, to remove a specifiedpercentage of any incompatible pollutant,the pretreatment standard applicable tousers of such treatment works shall becorrespondingly reduced for that pol-,lutant."

Subpart J-Dry Milk Subcategory

§ 405.100 Applicability; description ofdry milk subcategory.

The provisions of this subpart are ap-plicable to discharges resulting from themanufacture of dry whole milk, dry skimmilk, and dry buttermilk.

§ 405.101 Specialized definitions

For the purpose of this subpart:(a) The term "BOD5 input" shall mean

the biochemical oxygen demand of thematerials entered into process. It can becalculated by multiplying the fats, pro-teins and carbohydrates by the factors of0.890, 1.031 and 0.691 respectively. Or-ganic acids (eg. lactic acids) should beincluded as carbohydrates.

(b) The following abbreviations shallhave the following meaning: (1) "BOD5"shall mean five day biochemical oxygendemand; (2) "TSS" shall mean totalsuspended non-filterable solids; (3) "kg"shall mean kilogram(s) ; (4) "kkg" shallmean 1000 kilograms; aud, (5) "lb" shallmean pound(s).

§ 405.102 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best practicable controltecbnololgy currently available.


Effluentcharacteristic Effluent limitationBOD5 -----. Maximum for any one day

1.50 kg/kkg of BOD5 Input(0.150 lb/100 ib).

Maximum average of dailyvalues for any period ofthirty consecutive days0.60 kg/kkg BOI) Input(0.060 lb/100 ib).

Maximum for any one day1.50 kg/kkg of BOI5 input(0.150 lb/100 Ib).



pH ..........


The following limitations constitute thequantity or quality of pollutants or pol-lutant properties which may be dis-charged after application of the bestavailable technology economicallyachievable by a point source subject tothe provisions of this subpart:


pH ----------

34965

PROPOSED RULES

Effluentcharacteristic Effluent limitationBODS - ...... Maximum for any one day

0.22 kg/kkg of BOD5 input(0.022 lb/100 iby. -


TSS ---------- Maximum for any one day0.22 kg/kkg of BOD5 input(0.022 lb/100 lb).




The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged reflecting the greatest degreeof effluent reduction achievable throughapplication of the best available dem-onstrated control technology, prbcesses,operating methods, or other alternatives,including, where practicable, a standardpermitting no discharge of pollutants bya new point source subject to the provi-sions of this subpart:


BOD .5 ---- Maximum" for any one day0.22 kg/kkg of BOD5 input(0.022.lb/100 lb),

Maximum average of dailyvalues for any period ofthirty consecutive days0.11 kg/kkg of BOD5 input(0.OU lb/100 Ib).

TSS ---------- Maximum for any one day0.22 kg/kkg of BOD5 input(0.022 lb/100 lb).


pH-------- Within the range of 6.0 to9.0.

405.105 Pretreatment standards , fornew sources.

The pretreatment standards under sec-tion 307(c) of the Act, for a source withinthe dairy products processing industry,dry milk subcategory, which is an indus-trial user of a publicly owned treatmentworks (and which would be a new sourcesubject to section 306 of the Act, if itwere to discharge pollutants to navigablewaters), shall be the standard set forthin Part 128 of this title, except that forthe purposes of this section, § 128.133, ofthis title shall be amended to read asfollows: "In addition to the prohibi-tions set forth in § 128.131, the pretreat-ment standard for incompatible pollut-ants introduced into a publicly ownedtreatment works by a major contribut-ing industry shall be the standard ofperformance for new sources spec-fied in § 405.104, of this title: Pro-vided, That, If the publicly owned

treatment works which receives the pol-lutants is committed, in its NPDES per-mit, to remove a specified percentage ofany incompatible pollutant, the pretreat-ment standard applicable to users of suchtreatment works shall be correspondinglyreduced for that pollutant."

Subpart K--Condensed Whey Subcategory

§ 405.110 Applicability; description ofcondensed whey subcategory.

The provisions of this subpart are ap-plicable to discharges resulting from themanufacture of condensed sweet wheyand condensed acid whey.



mean the biochemical oxygen demandof the materials entered into process. Itcan be calculated by multiplying the fats,proteins and carbohydrates by the fac-tors of 0.890, 1.031 and 0.691 respectively.Organic acids (e.g. lactic acids) shouldbe included as carbohydrates.

(b) The following abbreviations shallhave the following meaning: (1)"BOD5" shall mean five day biochemicaloxygen demand; (2) "TSS" shall meantotal suspended non-mterable solids; (3)"kg" shall mean kilogram(s) ; (4) "kkg"shall mean 1000 kilograms; and, (5) "b"shall mean pound(s).


The following limitations coiistitutethe quantity or quality of pollutants or-Pollutaht properties which may be dis-charged after application of best prac-ticable control technology currentlyavailable, by a point source subject tothese provisions of this subpart:

Effluent Effluentcharacteristic limitationBOD5 -------- Maximum for any one day


Maximum average of dailyvalues for any period ofthirty consecutive days0.40 kg/kJ:g of BOD5 input(0.040 lb/100 lb).

TSS --------- Maximum for any one day0.90 kg/kkg of BOD5 input(0.090WIb/lO0 lb).

Maximum average of 'dailyvalues for any period ofthirty consecutive days0.40 kg/kkg of BOD5 in-put (0.040 lb/100 Ib).



The following limitations constitutethe quantity or quality of pollutants

or pollutant properties which may bedischarged after application of thebest available technology economicallyachievable by a point source subject tothe provisions of this subpart:

EffluentcharacteristicBOD5 .......

TSS ---------

pH

Effluentlimitation

Maximum for any one day0.16 kg/kkg of BOD5 input(0.016 lb/l0O lb).

,Maximum average of dailyvalues for any period ofthirty consecutive days0.08 kg/kkg of BOD5 input(0.008 lb/100 lb).

Maximum for any one day0.16 kg/kkg of t0D5 input(0.016 lb/100 lb).

Maximum average of dailyvalues for any period 0.08kg/kkg of BOD5 input(0.008 lb/100 lb).



The following limitations constitutethe quantity or quality of pollutantsor pollutant properties which may bedischarged reflecting the greatest degreeof effluent reduction achievable throughapplication of the best available demon-strated control technology, processes, op-erating methods, or other alternatives,including, where practicable, a standard

- permitting no discharge of pollutants bya point source -subject to the provisionsof~this subpart:

EffluentcharacteristioBOD5 --------

TSS --------

pH .. . . . .

I Effluent limitationMaximum for any one day

0.16 kg/kkg of BOD5 input(0.016 lb/100 1b).



Maximum average of dailyvalues for any period ofthirty consecutive days0.08 kg/kkg of BOD5 input(0.008 lb/lO0 lb).


§405.115 Pretreatment standards fornew sources.

The pretreatment standards undersection 307(c) of the Act, for a sourcewithin the dairy products processing in-dustry, condensed whey subcategory,which is an industrial user of a publiclyowned treatment works (and -whichwould be a new source subject to sec-tion 306 of the Act, if it were to dis-charge pollutants to navigable waters)shall be the standard set forth in Part128 of this title, except that for the pur-poses of this section, § 128.133, of thistitle shall be amended to read as follows:"In addition to the prohibitions set forth

FEDERAL REGISTER, VOL. 38 NO, 244-THURSDAY, DECEMBER 20,. 1973

34966

PROPOSED RULES

in 1 128.131, the pretreatment stand-ard for incompatible pollutants in-troduced into a publicly owned treatmentworks by a major contributing industryshall be the standard of performancefor new sources specified in § 405-114, ofthis title: Provided, That, if the publiclyowned treatment works which receivesthe pollutants is committed, in itsNPDES permit, to remove a specified per-centage of any incompatible pollutant,the pretreatment standard-applicable tousers of such treatment works shall becorrespondingly reduced for that pollut-ant."

Subpart L-Dry- Whey Subcategory

§ 405.120 Applicability; Description ofdry whey subcategory.

The provisions of this subpart are ap-plicable to discharges resulting from themanufacture of sweet or acid dry whey.



mean the biochemical oxygen demand ofthe materials entered into process Itcan be calculated by multiplying the fats,proteins and carbohydrates by the fac-tors of 0.890, 1.031 and 0.691 respectively.Organic acids (e.g. lactic acids) shouldbe included as carbohydrates.

(b) The following abbreviations shallhave the following meaning: (1) 1BODshall mean five day biochemical oxygendemand; (2) "TSS" shall mean total sus-pended non-filterable solids; (3) "kg"shall mean kilogram(s); (4) ' kkg" shallmean 1000 kilograms; and, (5) "lb" shallmean pound(s).

§ 405.122 Effluent limitations guidelinesrepresenting the degree of effluentreduction attainable by the applica-tion of the best practicable- controltechnology currently available.


EffluentcharateristBOD$.,

pH ......

zffluentlimitation

Maximum for any one day1.50 kg/kkg of BOD5 Input(0.150 lb/100 lb).

Maximum average of danyvalues for any period ofthirty consecutive days0.60 kg/kkg of BODE Input(0.060 lb/100 1b).

M_ Maximum for any one day1.50 kg/kkg of BODE Input(0.150 lb/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.60 kg/kkg of BOD5 Input(0.060 lb/100 Ib).


§ 405.123 Effluent limitations guidelinesrepres nting the degree of effluentreduction attainable by the applica-tion of the best available technologyeconomically achievable.

The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may bedischarged after application of thebest available technology economicallyachievable by a point source subject tothe provisions of this subpart:

EffluentcBOaracteristi Effluent limitationBODS---- Maximum for any one day

T88------

PH ----------

0.22 kg/kkg of BOD5 Input(0.022 lb/100 lb).

Maximum average of dailyvalues for any period ofthirty consecutive days0.11 kg/kkg of BOD5 input(0.011 lb/100 In).

Maximum for any one day0.22 kg/kkg of BOD5 Input(0.022 lb/100 Ib).

Maximum average of dailyvalues for any period ofthirty consecutive days0.11 kg/kkg of BeD5 input(0.011 lb/100 1b).


§ 405.124 Standards of performance fornew sourcea.

The following limitations constitutethe quantity or quality of pollutants orpollutant properties which may be dis-charged reflecting the greatest degree ofeffuent reduction achievable through

34967

application of the best available demon-strated control technology, processes,*op-erating methods, or other alternatives.including, where practicable, a standardpermitting no discharge of pollutants bya new point source subject to the pro-visions of this subpart:

Effluentcharacteristic Effluent limitatonBOD5 ----- Maximum for any one day

0.22 kg/100 kg BOD5 (0.022lb/100 1b).


--------- Maximum foc any one day0.22 kg/kkg of BODS input(0.022 lb/100 lb).

Maximum average ct dailyvalues for any period ofthirty consecutive days0.11 kg/kkg of BODS Input(0.011 Ib/100 lb).

pH -------- Within the range of 6.0 to9.0.

§405.125 Pretreatment standards fornew sources.

The pretreatment standards under'section 307(c) of the Act, for a sourcewithin the dairy products processing in-dustry, dry whey subcategory, which inan industrial user of a publicly ownedtreatment works (and which would be anew source subject to section 306 of theAct, if it were to discharge pollutants tonavigable waters), shall be the stand-ard set forth in Part 128 of this title, ex-cept that for the purposes of this section.§ 128.133 of this title shall be amendedto read as follows: "In addition to theprohibitions set forth in § 128.131, thepretreatment standard for incompatiblepollutants introduced into a publiclyowned treatment works by a major con-tributing industry shall be the standardof performance for new sources specifiedin § 405.124 of this title: Provided, That,if the publicly owned treatment workswhich receives the pollutants is com-mitted, in its NPDES permit, to remove aspecified percentage of any incompatiblepollutant, the pretreatment standard ap-plicable to users of such treatment worksshall be correspondingly reduced for thatpollutant.

[FR Doc.73-26699 Filed 12-19-73;8:45 am]


Date post:	14-Sep-2020
Category:	Documents
Upload:	others
View:	6 times
Download:	0 times

34954 PROPOSED RULES...1973/12/20 · cottage cheese produced as cottage cheese curd and cultured...

Documents