NEWS OF THE WEEK
EPA WATER STANDARDS: Major impact on chemical plants The Environmental Protection Agency has issued final water pollution control rules on discharges by the organic chemical, plastics, and synthetic fibers industries. More than a decade in the making, the new rules, issued under the Clean Water Act, will affect the operation of about 1000 manufacturing plants, requiring them to install new pollution control equipment. "The new regulation, which sets discharge limits for 66 pollutants, is one of the most ambitious and important water pollution control regulations ever issued by EPA/' says Lawrence J. Jensen, EPA assistant administrator for water. It covers 63 chemicals and classes of chemicals plus suspended particulates, biochemical oxygen demand, and PHFirst proposed in 1983, the regulation has been through several revisions and court challenges over the years. Now, it generally divides pollution control standards into two basic categories—one using the best practicable technology (BPT) and another using what is termed best available technology (BAT) economically achievable. The rules will go into effect 44 days after they are published in the Federal Register, probably sometime this week. EPA's senior project officer for this regulation, Elwood H. Forsht, says, "A large portion of the affected industry by our estimates will have to improve their emissions in order to comply with the standard." Firms sending wastes to water treatment plants will have three years to come into compliance with the pretreatment standards, he says. "Direct dischargers [those discharging wastes directly into rivers or streams] will have to meet the standards as their pollution permits come up for reissue," he says. 4
October 12, 1987 C&EN
Jensen: one of most ambitious rules The standards are certain to have serious impact on the organic chemicals industry in particular. EPA predicts that as many as 61 plants might be forced to shut down, affecting about 3400 workers. Total costs of compliance are estimated at $500 million annually. Conversely, EPA estimates that recreational and commercial benefits of the regulations could range from $178 million to $330 million yearly. EPA based these estimates on data from surveys of the industries in 1976 and 1977, and the so-called five-plant study done in cooperation with the Chemical Manufacturers Association in 1981. Thomas Goldberg, manager of regulatory affairs at the Synthetic Organic Chemicals Manufacturers Association, says the impact on industry may be a lot worse. "We think there will be a significantly greater number of closings, particularly on individual product lines,
and more employment loss," says Goldberg. "When we argued for changes in the proposed rule," he notes, "we said that the agency's data are really behind the times." The industry has changed substantially since the rules were first proposed, he says. Smaller plants and companies could be threatened even more. EPA estimates that 50% of the plants with production volumes less than 5 million lb annually will be affected severely despite the milder standards set for these smaller operations. "Our comments earlier told EPA that there are a number of variables the agency didn't include in its analysis," Goldberg says. He concludes that the end result could be far worse for these small plants than EPA predicts. CMA, which represents some of the larger chemical makers affected by this rule, was not ready to make a comment on the final regulations by press time. Nor did the Natural Resources Defense Council, whose lawsuit eventually led to this regulation, have anyone available for comment. One thing is likely with a regulation of this scope, however, and that is it will face legal challenges from both environmental and industry groups. It goes without saying that the industry affected is big and diverse, covering about 750 plants that manufacture about 25,000 organic chemicals, plastics, and synthetic fibers. About 200 additional plants are secondary producers of that range of chemicals and these manufacturers are affected, too. Thus, EPA says, such other industries as petroleum refining, inorganic chemicals, pharmaceuticals, pesticides, adhesives, sealants, inks, paints, and plastics molding and forming come under the regulations. D
