[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12101]


[[Page Unknown]]

[Federal Register: May 18, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL-4886-1]
RIN 2040-AC90

 

Effluent Guidelines Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed effluent guidelines plan.

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SUMMARY: Today's notice announces the Agency's proposed plans for 
developing new and revised effluent guidelines, which regulate 
industrial discharges to surface waters and to publicly owned treatment 
works. Section 304(m) of the Clean Water Act requires EPA to publish a 
biennial Effluent Guidelines Plan. The Agency requests comment on the 
proposal and will publish a final plan following the close of the 
comment period.

DATES: Comments must be received on or before June 17, 1994.

ADDRESSES: Comments should be submitted in writing to: Eric Strassler, 
Engineering and Analysis Division (4303), U.S. Environmental Protection 
Agency, 401 M Street, SW., Washington, DC 20460. The public record for 
this notice is available for review in the EPA Water Docket, 401 M 
Street, SW., Washington, DC. For access to Docket materials, call (202) 
260-3027 between 9 a.m. and 3 p.m. for an appointment. The EPA public 
information regulation (40 CFR Part 2) provides that a reasonable fee 
may be charged for copying. Preliminary Data Summaries referred to in 
this notice may be obtained from the distributors listed in appendix C.

FOR FURTHER INFORMATION CONTACT:
Eric Strassler, Engineering and Analysis Division (address above), 
telephone 202-260-7150.

SUPPLEMENTARY INFORMATION: 

I. Legal Authority
II. Introduction
    A. Purpose of Today's Notice
    B. Overview of Today's Notice
III. Effluent Guidelines Program Background
    A. Statutory Framework
    B. Components of an Effluent Guideline Regulation
    C. Development of Effluent Guideline Regulations
    D. NRDC Litigation and Consent Decree
IV. Today's Proposed Effluent Guidelines Plan
    A. Effluent Guidelines Currently Under Development
    1. Schedule for Ongoing Rulemaking
    2. Change in Category Names: Waste Treatment
    B. Process for Selection of New Effluent Guideline Regulations
    1. Selection Criteria and Data Sources
    a. Selection Criteria
    b. Data Sources
    2. Selection of Categories for Future Rulemaking
    C. Preliminary Studies
    1. Ongoing Studies
    a. Petroleum Refining
    b. Metal Finishing
    c. Textile Mills
    d. Inorganic Chemicals
    e. Steam Electric Power Generating
    f. Iron and Steel Manufacturing
    2. Future Studies
    a. Pulp, Paper and Paperboard
    b. Other Categories
    3. Recommendations of the Effluent Guidelines Task Force
    a. Data Sources
    b. Criteria for Selecting Industries for Preliminary Studies
    D. Other Rulemaking Actions
V. Request for Comments
VI. Economic Impact Assessment; OMB Review

Appendix A--Promulgated Effluent Guidelines
Appendix B--Current and Future Rulemaking Projects
Appendix C--Completed Preliminary Studies
Appendix D--Current Preliminary Studies

I. Legal Authority

    Today's notice is published under the authority of section 304(m) 
of the Clean Water Act, 33 U.S.C. 1314(m), which provides as follows:

    Schedule for Review of Guidelines.
    (1) Publication.--Within 12 months after the date of the 
enactment of the Water Quality Act of 1987, and biennially 
thereafter, the Administrator shall publish in the Federal Register 
a plan which shall--
    (A) establish a schedule for the annual review and revision of 
promulgated effluent guidelines, in accordance with subsection (b) 
of this section;
    (B) identify categories of sources discharging toxic or 
nonconventional pollutants for which guidelines under subsection 
(b)(2) of this section and section 306 have not previously been 
published; and
    (C) establish a schedule for promulgation of effluent guidelines 
for categories identified in subparagraph (B), under which 
promulgation of such guidelines shall be no later than 4 years after 
such date of enactment for categories identified in the first 
published plan or 3 years after the publication of the plan for 
categories identified in later published plans.
    (2) Public Review.--The Administrator shall provide for public 
review and comment on the plan prior to final publication.

II. Introduction

A. Purpose of Today's Notice

    Today's notice announces the Agency's proposed biennial plan 
pursuant to sec. 304(m). EPA invites the public to comment on the 
proposed plan, and following the close of the comment period the Agency 
will publish a final plan.

B. Overview of Today's Notice

    The Agency proposes to develop effluent limitation guidelines and 
standards (``effluent guidelines'') as follows:
    1. Continue development of nine rules listed in the 1992 Effluent 
Guidelines Plan (57 FR 41000, September 8, 1992). The categories are: 
Pulp, Paper and Paperboard; Pesticide Chemicals (Formulating and 
Packaging); Coastal Oil and Gas Extraction; Centralized Waste Treatment 
(formerly called Waste Treatment, Phase 1); Pharmaceutical 
Manufacturing: Metal Products and Machinery, Phase 1; Landfills and 
Incinerators (formerly called Waste Treatment, Phase 2); Industrial 
Laundries; and Transportation Equipment Cleaning.
    2. Begin development of effluent guidelines for the Metal Products 
and Machinery category, Phase 2.
    3. Continue to initiate approximately two preliminary studies per 
year to assist in determining whether new or revised rules should be 
developed for particular categories. Each preliminary study will 
generally take approximately two years to complete.
    4. Plan for development of eight additional effluent guidelines, 
either new or revised, between 1996 and 2003. The point source 
categories to be covered by these guidelines will be identified in 
future biennial Effluent Guidelines Plans. EPA would begin development 
of two rules each year from 1996 to 1999, with proposed rules published 
between 1998 and 2001, and final action taken between 2000 and 2003 
respectively.

III. Effluent Guidelines Program Background

A. Statutory Framework

    The Federal Water Pollution Control Act (FWPCA) of 1972 (Pub. L. 
92-500, Oct. 18, 1972) (the ``Act'') established a program to restore 
and maintain the integrity of the nation's waters. To implement the 
Act, Congress directed EPA to issue effluent limitation guidelines, 
pretreatment standards, and new source performance standards for 
industrial dischargers. These regulations were to be based principally 
on the degree of effluent reduction attainable through the application 
of control technologies. The approach includes limitations based on 
Best Practicable Control Technology (BPT), Best Available Technology 
Economically Achievable (BAT), Best Conventional Pollutant Control 
Technology (BCT), New Source Performance Standards (NSPS), Pretreatment 
Standards for Existing Sources (PSES), and Pretreatment Standards for 
New Sources (PSNS).
    The limitations and standards are implemented in permits issued 
through the National Pollutant Discharge Elimination System (NPDES) 
pursuant to sec. 402 of the Act for point sources discharging directly 
to the waters of the United States. Although the limitations are based 
on the performance capability of particular control technologies, 
including in some cases in-process controls, dischargers may meet their 
requirements using whatever combination of control methods they choose, 
such as manufacturing process or equipment changes, product 
substitution, and water re-use and recycling. Categorical pretreatment 
standards are applicable to indirect dischargers--those facilities that 
discharge into publicly owned treatment works (POTWs).
    The 1977 amendments to FWPCA, known as the Clean Water Act 
Amendments (Pub. L. 95-217, Dec. 27, 1977) (CWA), added an additional 
level of control for conventional pollutants such as biochemical oxygen 
demand (BOD) and total suspended solids (TSS), and stressed additional 
control of 65 toxic compounds or classes of compounds (from which EPA 
later developed a list of 126 specific ``priority pollutants''). To 
further strengthen the toxics control program, sec. 304(e), added by 
the 1977 amendments, authorized the Administrator to establish 
management practices to control toxic and hazardous pollutants in plant 
site runoff, spillage or leaks, sludge or waste disposal, and drainage 
from raw material storage.
    The effluent guidelines promulgated by EPA reflect the several 
levels of regulatory stringency specified in the Act, and they also 
focus on different types of pollutants. Section 301(b)(1)(A) directs 
the achievement of effluent limitations requiring application of BPT. 
In general effluent limitations based on BPT represent the average of 
the best treatment technology performance for an industrial category. 
For conventional pollutants listed under sec. 304(a)(4), sec. 
301(b)(2)(E) directs the achievement of effluent limitations based on 
the performance of best conventional pollutant control technology 
(BCT). The Act requires that BCT limitations be established in light of 
a two-part ``cost-reasonableness'' test. The test, which assesses the 
relative costs of conventional pollutant removals, is described in 
detail in the Federal Register notice promulgating the final BCT rule 
on July 9, 1986 (51 FR 24974).
    Both BPT and BCT regulations apply only to direct dischargers, 
i.e., those facilities that discharge directly into waters of the 
United States. In general, regulations are not developed to control 
conventional pollutants discharged by indirect dischargers because the 
POTWs receiving those wastes normally provide adequate treatment of 
those types of pollutants or they can be adequately controlled through 
local pretreatment limits.
    For the toxic pollutants listed in sec. 307(a), and nonconventional 
pollutants, secs. 301(b)(2)(A), (C), (D) and (F) directed the 
achievement of effluent limitations requiring application of BAT. 
Effluent limitations based on BAT are to represent at a minimum the 
best control technology performance in the industrial category that is 
technologically and economically achievable.
    In addition to limitations for existing direct dischargers, EPA 
also establishes NSPS under sec. 306 of the Act, based on the best 
available demonstrated control technology, processes operating methods 
or other alternatives. NSPS apply to new direct dischargers. The NSPS 
limitations are to be as stringent, or more stringent than BAT 
limitations for existing sources within the industry category or 
subcategory.
    To ensure that effluent guidelines remain current with the state of 
the industry and with available control technologies, sec. 304(b) of 
the Act provides that EPA shall revise the effluent guidelines at least 
annually if appropriate. In addition, sec. 301(d) provides that EPA 
shall review and if appropriate, revise any effluent limitation 
required by sec. 301(b)(2).
    Section 402 of the CWA provides for the issuance of permits to 
direct dischargers under NPDES. These permits, which are required by 
sec. 301, are issued either by EPA or by a State agency approved to 
administer the NPDES program. Individual NPDES permits must incorporate 
applicable technology-based limitations contained in guidelines and 
standards for the industrial category in question. Where EPA has not 
promulgated applicable technology-based effluent guidelines for an 
industry, sec. 402(a)(1)(B) provides that the permit must incorporate 
such conditions as the Administrator determines are necessary to carry 
out the provisions of the Act. In other words, the permit writer uses 
best professional judgment (BPJ) to establish technology-based 
limitations for the dischargers.
    Indirect dischargers are regulated by the general pretreatment 
regulations (40 CFR Part 403), local discharge limits developed 
pursuant to Part 403, and categorical pretreatment standards for new 
and existing sources (PSNS and PSES) covering specific industrial 
categories. These categorical standards under secs. 307 (b) and (c) 
apply to the discharge of pollutants from non-domestic sources which 
interfere with or pass through POTWs, and are enforced by POTWs or by 
State or Federal authorities. The categorical pretreatment standards 
for existing sources covering specific industries are generally 
analogous to the BAT limitations imposed on direct dischargers. The 
standards for new sources are generally analogous to NSPS.

B. Components of an Effluent Guideline Regulation

    The principal components of effluent guideline regulations are 
numerical wastewater discharge limitations controlling specified 
pollutants for a given industry. These are typically concentration-
based limits (specified in units such as milligrams or micrograms of 
pollutant per liter of water) or production-based mass limits 
(specified in units such as milligrams of pollutant per unit of 
production). Numerical limits also cover parameters such as pH and 
temperature.
    A guideline often subcategorizes an industry based on differences 
in raw materials, manufacturing processes, characteristics of the 
wastewaters, or type of product manufactured; in some cases, non-water 
quality environmental impacts or other appropriate factors that justify 
the imposition of specialized requirements on the subcategorized 
facilities are used as a basis. EPA develops a set of effluent 
limitations for each category or subcategory at each level of control 
(BPT, BAT, etc.) that is addressed in the guideline.
    A guideline also may prescribe Best Management Practices (``BMPs'') 
in addition to or in lieu of numerical limits. BMPs may include, for 
example, requirements addressing the minimization or prevention of 
storm water runoff, plant maintenance schedules and requirements 
addressing the training of plant personnel.

C. Development of Effluent Guideline Regulations

    EPA has accumulated substantial experience and expertise in the 
course of preparing 51 effluent guidelines. The schedules for taking 
final action on new or revised guidelines that are set out in today's 
notice reflect EPA's best current estimate of the time necessary to 
promulgate technically and scientifically adequate regulations for each 
category. This section of the notice summarizes the various tasks which 
the Agency typically undertakes in an effluent guideline rulemaking.
    EPA begins work on an effluent guideline rulemaking project by 
tentatively defining the scope and dimensions of the industry category. 
The Agency determines the size of the category as it has been defined, 
using all available sources. Given the diversity of regulatory 
categories, no single source suffices to establish size. At various 
times, EPA has used one or more of the following sources: standard 
published sources, information available through trade associations, 
data purchased from the Dun and Bradstreet, Inc. data base, other 
publicly available data bases, U.S. Census Bureau data, other U.S. 
Government information, and any available EPA data base. If a category 
is very large and/or diverse, the Agency will determine whether it can 
be broken down into appropriate categories or subcategories. If more 
than one subcategory can be identified, the Agency may need to 
establish priorities for regulation.
    Regulatory information about industry categories is obtained 
largely through survey questionnaires and on-site wastewater sampling. 
Survey questionnaires solicit detailed information necessary to assess 
the statutory rulemaking factors (particularly technological and 
economic achievability of available controls), water use, production 
processes, and wastewater treatment and disposal practices. A 
significant portion of the Agency's questionnaires typically seek 
information necessary to assess the economic achievability of a 
prospective regulation.
    Generally, the Agency defines its wastewater sampling effort based 
on information received in response to the questionnaires. While the 
questionnaire provides information about production processes, water 
uses and, in general terms, what is found in the industry's wastewater, 
on-site sampling is used to characterize specifically the pollutants 
found in discharges. This is because direct dischargers are ordinarily 
required to do limited, though regular, sampling and selected 
wastewater analyses under the monitoring provisions of their permits, 
and some indirect dischargers are required to do only periodic testing 
of certain pollutants. Much of the monitoring data that EPA pursues in 
developing effluent guidelines pertain to toxic and nonconventional 
pollutants which are not widely addressed in existing permits or local 
pretreatment limits. Moreover, site visits are used to assess 
manufacturing processes, wastewater generation, pollutant control 
technologies, pollution prevention opportunities (e.g., process 
changes), and potential non-water quality impacts of effluent 
guidelines (i.e., air emissions, sludge generation, energy usage).
    In developing a list of pollutants of concern for an industry, EPA 
initially will study wastewater samples for all pollutants that can be 
measured by recognized analytical methods. Currently over 457 
pollutants or analytes can be measured by these methods. This includes 
the subset of 126 pollutants known as ``priority'' pollutants developed 
pursuant to CWA sec. 307(a). EPA will develop new analytical methods to 
cover additional pollutants as necessary. For example, the Agency has 
developed new methods for use in the Pesticides (40 CFR part 455) and 
Pulp and Paper (40 CFR part 430) effluent guidelines. (EPA generally 
proposes any new methods for public comment concurrently with the 
proposed rule.)
    Most of the effluent sampling and analysis that has supported 
effluent guideline regulations promulgated to date has been conducted 
by EPA. On occasion, however, these activities have been pursued on a 
cooperative basis with industry parties. For example, EPA and numerous 
pulp and paper manufacturers participated in cooperative efforts to 
sample and analyze effluent, wastewater treatment sludge, and pulp from 
domestic mills that bleach chemical pulp in their production processes.
    EPA conducts engineering and statistical analyses of the technical 
data to develop control and treatment options for the pollutants of 
concern, and the projected costs for these options. The Agency 
considers the costing information and economic data gathered from the 
survey and other sources in its economic impact analysis, and then 
selects one or more of the options as the basis for a rulemaking 
proposal. It also develops assessments of the environmental impact of 
the industry discharges, and may conduct a regulatory impact analysis 
as well.

D. NRDC Litigation and Consent Decree

    EPA has developed today's proposed Effluent Guidelines Plan 
pursuant to a consent decree in NRDC et al. v. Reilly (D.D.C. Civ. No. 
89-2980, January 31, 1992). The Decree commits EPA to schedules for 
proposing and taking final action on effluent guidelines, and also for 
conducting preliminary studies. Some of the industry categories to be 
regulated are specified in the Decree. For the remaining required 
rulemakings, EPA retains the discretion to select guidelines for 
development based on Agency priorities.
    EPA will use the results of the preliminary studies to select 
industries for future regulation. The Decree requires the Agency to 
study eleven industries.
    The Decree also required EPA to establish the effluent Guidelines 
Task Force, an advisory committee, to formulate recommendations for 
improvements to the effluent guidelines program. The Agency created the 
Task Force in 1992. The Task Force has held several public meetings and 
has begun to present recommendations to the EPA Administrator. The work 
of the Task Force is discussed further in Section IV.C.3 of today's 
notice.
    The Decree sets certain deadlines with respect to the publication 
of this plan. The Decree also provides that future 304(m) plans 
consistent with its terms shall satisfy EPA's obligations under sec. 
304(m) with respect to the publication of such plans.
    Other provisions of the Decree provide for modification for good 
cause, set forth procedures for seeking modifications, grant automatic 
stays of deadlines in certain circumstances, and state that the Decree 
is subject to other applicable law (including appropriations law).

IV. Today's Proposed Effluent Guidelines Plan

A. Effluent Guidelines Currently Under Development

1. Schedule for Ongoing Rulemaking
    The Agency is currently in the process of developing new or revised 
effluent guidelines for none categories. (These categories were listed 
in the Agency's 1992 Effluent Guidelines Plan.) The categories and 
actual or projected dates for proposal and final action are set forth 
in Table 1.

        Table 1. Effluent Guidelines Currently Under Development        
------------------------------------------------------------------------
                    Category                      Proposal   Finalaction
------------------------------------------------------------------------
Pulp, Paper and Paperboard\1\..................    12/17/93        9/95 
Pesticide Formulating, Packaging, and                                   
 Repackaging...................................     4/14/94        8/95 
Pharmaceutical Manufacturing...................        8/94        2/96 
Centralized Waste Treatment\2\.................    \4\12/94     \4\9/96 
Metal Products and Machinery, Phase 1..........       11/94        5/96 
Coastal Oil and Gas Extraction.................        1/95        7/96 
Industrial Laundries...........................       12/96       12/98 
Transportation Equipment Cleaning..............       12/96       12/98 
Landfills and Incinerators\3\..................     \4\3/97     \4\3/99 
------------------------------------------------------------------------
\1\The Pulp, Paper and Paperboard rulemaking is not covered by the      
  January 31, 1992 consent decree. Deadlines are subject to a consent   
  decree in EDF et al. v. Thomas (D.D.C. No. 85-0973).                  
\2\New title for Waste Treatment Phase 1 category. See discussion in    
  Section IV.A.2 below.                                                 
\3\New title for Waste Treatment Phase 2 category. See discussion in    
  Section IV.A.2 below.                                                 
\4\These dates reflect pending unopposed motions to extend consent      
  decree deadlines.                                                     

    EPA will include any updates to these schedules in the semi-annual 
Regulatory Agenda published in the Federal Register.
2. Change in Category Names: Waste Treatment
    EPA listed the Waste Treatment category in the 1990 and 1992 
effluent guidelines plans (in 1990 the category was titled ``Hazardous 
Waste Treatment''). The rulemaking for the category was described as 
having two phases. The Phase 1 rule would cover centralized waste 
treatment facilities, which receive liquid wastes, both hazardous and 
non-hazardous, from off-site for treatment or recovery (excluding 
solvent recovery). The Phase 2 rule would cover discharges from 
municipal and hazardous waste landfills with leachate collection 
systems, and discharges from incinerators and thermal destruction units 
with wet scrubbers.
    The identification of phases in rulemaking generally indicates two 
or more rulemaking actions for what could otherwise be considered one 
industry category. The Agency has previously issued effluent guidelines 
in phases to make effective use of its resources and propose and 
promulgate limitations for a portion of a category in a timely manner. 
A phase 2 rulemaking would typically be based on some of the data used 
in the phase 1 rule for the category, as well as additional data 
collected specifically for phase 2.
    EPA has determined that the discharges and operating 
characteristics of centralized waste treatment facilities are 
sufficiently different from landfills and incinerators that they should 
be considered in a separate rulemaking. The database the Agency has 
developed for centralized waste treatment facilities is separate from 
that being developed for landfills and incinerators. Therefore, what 
was labeled the ``Waste Treatment, Phase 1'' rule will be known as the 
``Centralized Waste Treatment'' category, and the ``Waste Treatment, 
Phase 2'' rule will be labeled the ``Landfills and Incinerators'' 
category.

B. Process for Selection of New Effluent Guideline Regulations

    Section 304(m) does not specify criteria that the Agency should use 
to select categories for regulation by effluent guidelines. For the 
first Effluent Guidelines Plan, published January 2, 1990 (55 FR 80), 
EPA listed criteria it has used to select categories. The 1992 consent 
decree, while specifying some of the categories to be regulated, allows 
the Agency flexibility in selecting future categories for regulation, 
and does not specify selection criteria. Therefore EPA intends to 
continue to use selection criteria such as those listed in the 1990 
plan.
1. Selection Criteria and Data Sources
    a. Selection criteria. The 1990 plan described three broad criteria 
for selection of categories: environmental factors, utility to states 
and POTWs, and legal mandates for specific categories. The 1992 plan 
continued the use of the first two criteria. (Legal mandates are 
considered to be nondiscretionary and therefore external to the 
selection process.)
    The environmental factors allow the Agency to compare the 
discharges of various categories to approximate risk to human health 
and the environment. The specific factors used have included:
     Total priority pollutants discharged (lbs/day);
     Total pollutants discharged (lbs/day);
     Total priority toxic pounds-equivalent discharged (lbs/
day);
     Number of carcinogens present in discharges;
     Number of facilities discharging to water quality-impaired 
receiving waters;
     Number of documented cases of sediment contamination.

Data for all of the above factors may not be available for all of the 
categories under consideration. EPA has found that an estimate of the 
total priority pollutants discharged is usually available for each 
category, and can be used to calculate the total priority toxic pounds-
equivalent discharged. These have been among the most useful indicators 
for selecting categories for effluent guidelines. The Toxic Pounds-
Equivalent factors (developed for most of the 126 priority pollutants) 
are calculated using the mass loading of a pollutant (measured in 
pounds), multiplied by a weighing factor for each pollutant based on 
toxicity and potential for bioaccumulation. The individual values are 
then summed to provide the category value.
    The second broad criterion EPA uses in selecting industries for 
development of effluent guidelines is the ``utility'' or ``usefulness'' 
of the regulation. This factor reflects the fact that, even in the 
absence of a national effluent guideline, discharger of pollutants into 
waters of the United States must obtain an NPDES permit incorporating 
technology-based effluent limits. Permit writers at facilities not 
covered by national guidelines are directed to use Best Professional 
Judgment in determining what technology-based limits are appropriate. 
(A roughly analogous situation exists with respect to the development 
of ``local limits'' for those facilities discharging into POTWs). At 
some facilities, however, development of BPJ permits by individual 
permit writers may be especially difficult due to the complexity of 
wastestreams, presence of pollutants with poorly understood 
treatability characteristics, or other factors. National effluent 
guidelines may be especially appropriate for such facilities and the 
categories of which they are a part. Promulgation of new and revised 
categorical pretreatment standards was the first recommendation in 
``National Pretreatment Program: Report to Congress'' (EPA 21W-4004, 
July 1991).
    In assessing the utility or usefulness of a national effluent 
guideline, EPA typically looks at a variety of factors. Among these 
are:
     Average priority pollutants discharged per facility;
     Average priority toxic pounds-equivalent discharged per 
facility;
     Number of discharging facilities;
     Cost of existing or additional controls.

The number of priority pollutants discharged per facility and the toxic 
pounds-equivalent levels are considered as relative indicators of plant 
complexity. The number of discharging facilities signifies the greater 
impact of a guideline on a large-population category, in reducing 
permit writing workload and implementing permit limitations on a timely 
basis.
    These criteria are groups of factors that the Agency considers and 
weighs in setting rulemaking priorities. The criteria can not be 
applied mechanically. In applying the criteria and selecting categories 
of dischargers for the preparation of new or revised guidelines, the 
Agency uses considerable judgment grounded in its expertise in the 
regulation of the discharge of pollutants and the administration of the 
Clean Water Act and other authorities that address pollution of the 
nation's waters.
    The Effluent Guidelines Task Force has developed recommendations on 
criteria for selecting industries for preliminary studies. The 
recommendations are discussed in section IV.C.3 below.
    b. Data sources. The 1990 plan listed several sources of 
information the Agency used to evaluate which categories should be 
subject to new or revised effluent guidelines. These sources included:
     EPA's Domestic Sewage Study (``DSS)(Report to Congress on 
the Discharge of Hazardous Wastes to Publicly Owned Treatment Works, 
EPA-530/SW-86-004, February 1986), conducted pursuant to the Resource 
Conservation and Recovery Act (RCRA).
     Follow-up studies for the DSS, which became known as 
``Preliminary Studies.'' EAP conducted studies on 10 industries during 
1986-89. Preliminary studies are discussed further in section IV.C of 
today's notice.
     Recommendations from states & POTWs.
     Other EPA reports, such as the annual Toxic Release 
Inventory (TRI) and the RCRA Small Quantity Generator Study.
     Reviews of variance requests and petitions.
     Public comments.
    The data sources listed in the 1992 plan included preliminary 
studies, TRI, consultation with states and POTWs, and public comments, 
and added an EPA sediment quality report and rulemaking records from 
existing effluent guidelines.
    EPA continues to rely on these data sources for effluent guidelines 
planning. The Effluent Guidelines Task Force has developed 
recommendations on use of data sources for selecting industries. These 
recommendations are discussed below.
2. Selection of Categories for Future Rulemaking
    The 1992 consent decree requires that EPA begin rulemaking for the 
Metal Product and Machinery Phase 2 (MP&M 2) category in 1995. After 
starting MP&M 2, EPA will start work on two more categories in 1996. 
EPA is not proposing the specific industrial categories for 1996 in 
today's notice. However, based on the above discussion of data sources, 
the Agency may choose the next categories from the following list:
     Petroleum Refining;
     Metal Finishing;
     Textile Mills;
     Inorganic Chemicals;
     Steam Electric Power Generating;
     Iron and Steel Manufacturing;
     a portion of the Pulp, Paper and Paperboard category.

Of these, the first six are the subject of preliminary studies already 
completed or currently in progress. (These studies are discussed 
briefly in Section IV.C.I.) The seventh is comprised proposed rule for 
the Pulp, Paper and Paperboard Category included BPT, BCT and NSPS for 
conventional pollutants for these subcategories, but did not address 
toxic and nonconventional pollutant discharges (40 CFR part 430; 58 FR 
66104, December 17, 1993). The proposal notice requested public 
comments and data on the mills in these subcategories (58 FR 66167). 
The Agency welcomes additional comments and data on the merits of 
developing an effluent guideline to address these discharges.

C. Preliminary Studies

    The purpose of a Preliminary Study is to indicate whether and to 
what extent an industry discharges toxic and nonconventional 
pollutants, and to provide a basis for comparison with other industries 
for purposes of assigning priorities for regulation. These objectives 
can be met by combining the findings of site visits with other 
descriptive information about the industry.
    The results of a Preliminary Study for an industry are published in 
a ``Preliminary Data Summary.'' The Preliminary Data Summary presents a 
synopsis of recent technical and economic information on a category of 
dischargers for use by EPA staff and management. The Preliminary Data 
Summaries are not used directly as a basis for rulemaking, but are used 
in the Agency's determination of which categories most require 
preparation of new or revised effluent guidelines. (They also may be 
expanded to become guidance documents for NPDES permit writers and 
POTWs.)
    A Preliminary Study typically collects data on the following:
     The products manufactured and/or services provided by an 
industry;
     Number, types and geographic location of facilities;
     Destination of discharge (directly to surface waters, 
indirectly to POTWs, or both);
     Characterization of the wastewater discharges and 
identification of pollutants present in the wastestreams (e.g., mean 
concentrations of pollutants, wastewater volumes, mass loadings);
     Sampling and analytical methods employed to ascertain the 
presence and concentration of pollutants in the wastewater;
     Source reduction, recycling and pollution control 
technologies in use and potentially applicable to the industry;
     Non-water quality environmental impacts associated with 
wastewater treatment in the industry (e.g., air emissions, wastewater 
treatment sludges, and other wastes including hazardous wastes);
     Coast of control technologies in place and cost estimates 
for additional controls;
     Cost-effectiveness of reduction of toxic and 
nonconventional pollutants;
     Estimates of water quality impacts of discharges within 
the subject industry;
     Economic assessment (current financial condition of firms 
in the industry, industry expansion or reduction trends, size 
characterization of firms, impact of estimated treatment costs on 
representative facilities, estimated cost-effectiveness of additional 
wastewater treatment technologies).
    The type and quality of information varies among the Preliminary 
Data Summaries, depending on the data available to the Agency when each 
document is prepared and whether the industry is covered by an existing 
effluent guideline. For example, some of the Summaries have 
comprehensive, primary data on the number and location of the 
discharging facilities while others contain estimates drawn from 
secondary data sources. However, the Summaries represent the Agency's 
best characterization of industries at the time the summaries are 
compiled. As additional data are acquired, they are factored into the 
evaluation process. Consequently, the Preliminary Data Summaries are 
also subject to revision. The Agency has made the Summaries available 
to the public and intends to continue to do so.
    EPA conducted its initial studies during 1986-89, and some of the 
industries studied at that time will be covered by new or revised 
effluent guidelines now under development. Following the approval of 
the 1992 consent decree, the Agency began a regular program of 
conducting studies.
    EPA expects most studies to take about two years to complete. The 
content of the studies conducted in the 1980s varied, and the Agency 
plans to develop the current studies with a more consistent format. The 
methodology for conducting preliminary studies is being discussed by 
the Effluent Guidelines Task Force, and the Task Force expects to issue 
recommendations to the EPA Administrator later this year.
1. Ongoing Studies
    a. Petroleum refining. The Petroleum Refining regulations were 
promulgated in 1982 at 40 CFR part 419. EPA has reviewed the rulemaking 
record, visited several facilities, reviewed discharge monitoring data 
and received additional data from the Government of Canada as part of 
Canada's determination of best available technology standards for the 
Petroleum Refining Industry Sector. The Agency will publish a 
Preliminary Data Summary in July 1994. Additional analysis will be 
conducted regarding how new Clean Air Act rules affect refinery plant 
configurations.
    b. Metal finishing. The Metal Finishing regulations were 
promulgated in 1983 at 40 CFR part 433. EPA has reviewed the rulemaking 
record and investigated the projected overlap in coverage between the 
Metal Finishing category and the forthcoming Metal Products and 
Machinery category. A Preliminary Data Summary on these issues will be 
published in June 1994.
    c. Textile mills. The Textile Mills regulations were promulgated in 
1982 at 40 CFR part 410. EPA has reviewed the rulemaking record, is 
evaluating discharge monitoring data and is visiting several 
facilities. A Preliminary Data Summary will be completed in December 
1994.
    d. Inorganic chemicals. The Inorganic Chemicals regulations were 
promulgated in 1982 at 40 CFR part 415. EPA has reviewed the rulemaking 
record and is analyzing discharge monitoring data and other information 
to develop national estimates of the industry's discharge practices and 
economic condition. A Preliminary Data Summary will be completed in 
December 1994.
    e. Steam electric power generating. The Steam Electric Power 
Generating regulations were promulgated in 1982 at 40 CFR part 423. EPA 
is reviewing the rulemaking record and will be evaluating discharge 
monitoring data and visiting facilities. A Preliminary Data Summary 
will be completed in December 1995.
    f. Iron and steel manufacturing. The Iron and Steel Manufacturing 
regulations were promulgated in 1982 at 40 CFR part 420. EPA is 
reviewing the rulemaking record for the 1982 rulemaking and will be 
assessing trends in the industry since 1982 and will be studying the 
need for revised limitations and standards. A Preliminary Data Summary 
will be completed in September 1995.
2. Future Studies
    EPA intends to begin two preliminary studies in 1995, and three 
additional studies in 1996. Some of the categories which may be studied 
are listed below. The Agency welcomes comments on the criteria for 
selecting study categories, and welcomes submission of data on industry 
discharges that would assist in the selection process. Recommendations 
of the Effluent Guidelines Task Force on selection criteria for study 
are described in the following section of today's notice.
    a. Pulp, paper and paperboard. As described above, EPA is 
considering initiating a study or rulemaking for the six non-bleaching 
subcategories of the Pulp, Paper and Paperboard category. The Agency 
may decide that additional study is needed before considering whether 
to develop a proposed rule. For example, EPA is aware of increased 
activity in the recycling and deinking segments of the industry, and a 
study focusing on toxic and nonconventional pollutant discharges from 
these and other non-bleach mills may be appropriate.
    b. Other categories. Three additional existing effluent guidelines 
categories are listed in the consent decree for preliminary studies: 
Leather Tanning and Finishing (40 CFR part 425); Coal Mining (40 CFR 
part 434); and Onshore/Stripper Oil and Gas Extraction (40 CFR part 
435). EPA may study these categories or other categories, based on 
public comments received and other available information.
 3. Recommendations of the Effluent Guidelines Task Force
    The Effluent Guidelines Task Force was established by EPA to 
recommend improvements to the effluent guidelines program. The Task 
Force consists of members appointed by the Agency from industry, 
citizen groups, state and local government, the academic and scientific 
communities, and EPA regional offices. The Task Force was created to 
offer advice to the EPA Administrator on the long-term strategy for the 
effluent guidelines program, and particularly to provide 
recommendations on a process for expediting the promulgation of 
effluent guidelines. It is chartered as a subcommittee of the National 
Advisory Council for Environmental Policy and Technology (NACEPT), the 
external policy advisory board to the Administrator, pursuant to the 
Federal Advisory Committee Act (FACA) Pub. L. 92-463).
    Since October 1992, the Task Force has been studying the procedures 
EPA uses to develop effluent guidelines, including how categories are 
selected for preliminary studies. At its October 1993 meeting, the Task 
Force members agreed on recommendations regarding category selection 
criteria for preliminary studies and appropriate data sources to be 
used. (Although the draft recommendations are being reviewed by NACEPT 
prior to formal submittal to the Administrator, the Agency believes it 
is appropriate to acknowledge the Task Force's proposed criteria in 
today's notice.) The NACEPT report on these Task Force recommendations 
will be published later this year. EPA will review the Task Force's 
report and will consider applying the recommended criteria in its 
future rulemaking selections.
    a. Data sources. The Task Force generally agreed with EPA on the 
sources of data that are appropriate for comparing categories. It 
encouraged EPA to consider information supplied by POTWs, the 
Association of Metropolitan Sewerage Agencies (AMSA), State, and trade 
associations. Reviews of technical literature and the Toxic Release 
Inventory (for basic identification of industry sources and locations) 
were also recommended.
    b. Criteria for selecting industries for preliminary studies. The 
Task Force supported EPA's use of total toxic pounds-equivalent 
discharged as one of the principal selection criteria. Other criteria 
that EPA has used in previous Effluent Guidelines Plans were supported 
with varying degrees of emphasis, and several new factors were 
recommended. The recommendations included using number of facilities 
and flow (including establishing a cutoff below which alternatives to 
establishing effluent guidelines will be developed); giving priority to 
industries not covered by existing guidelines; giving priority to 
industries targeted for regulations by other EPA programs (e.g. air, 
solid waste); giving priority to service industries; and priority to 
industries which are at or near the beginning of their investment 
cycles.

D. Other Rulemaking Actions

    EPA has received a petition to amend the regulations for the 
Leather Tanning and Finishing category (40 CFR part 425), promulgated 
in 1982. The petition requests the Agency to consider relaxing the 
upper pH limit for certain indirect dischargers. The Agency is 
considering a minor amendment to these regulations, provided that such 
an amendment would not adversely affect POTW operations or receiving 
water quality. This minor amendment would not affect the other 
rulemakings described in today's notice. EPA is not planning other 
revisions to the Leather Tanning regulations.

V. Request for Comments

    EPA invites public comment on its plans for development of effluent 
guidelines and preliminary studies. Comments will be accepted until 
June 17, 1994. In particular, the Agency is interested in data that 
would facilitate category-wide comparisons of industries with regard to 
discharge characteristics, treatment practices and effects on water 
quality. In addition to the industries discussed or listed in today's 
notice, EPA will consider information on other industries in developing 
Effluent Guidelines Plans.

VI. Economic Impact Assessment; OMB Review

    Today's notice proposes a plan for the review and revision of 
existing effluent guidelines and for the selection of priority 
industries for new regulations. This notice does not establish any 
requirements; therefore, no economic impact assessment has been 
prepared. EPA will provide economic impact analyses or regulatory 
impact analyses, as appropriate, for all of the future effluent 
guidelines rulemakings developed by the Agency.
    Today's notice has been reviewed by the Office of Management and 
Budget under Executive Order 12866.

    Dated: May 12, 1994.
Carol M. Browner,
Administrator.

Appendix A--Promulgated Effluent Guidelines

    ``Promulgation'' refers to the date of promulgation of BAT controls 
unless otherwise noted. Minor amendments or corrections are not shown.

----------------------------------------------------------------------------------------------------------------
                                                                                              Revised Rule (P:  
                                                             40 CFR                          Proposal F: Final  
                         Category                             Part       Promulgation         Action) or Study  
                                                                                               Completion (S)   
----------------------------------------------------------------------------------------------------------------
Aluminum Forming...........................................     467  10/83                 .....................
Asbestos Manufacturing.....................................     427  2/74                  .....................
Battery Manufacturing......................................     461  3/84                  .....................
Builder's Paper and Board Mills\1\.........................     431  12/86 (BCT)           .....................
Carbon Black Manufacturing.................................     458  1/78                  .....................
Cement Manufacturing.......................................     411  8/79 (BCT)            .....................
Coal Mining................................................     434  10/85                 .....................
Coil Coating...............................................     465  12/82                 .....................
  Canmaking Subcategory....................................          11/83                 .....................
Copper Forming.............................................     468  8/83                  .....................
Dairy Products Processing..................................     405  6/86 (BCT)            .....................
Electroplating.............................................     413  1/81 (PSES)           .....................
Electrical and Electronic Components.......................     469  4/83                  .....................
Explosives Manufacturing...................................     457  3/76                  .....................
Feedlots...................................................     412  2/74                  .....................
Ferroalloy Manufacturing...................................     424  7/86 (BCT)            .....................
Fertilizer Manufacturing...................................     418  8/79 (BCT)            .....................
Fruits and Vegetables Processing...........................     407  7/86 (BCT)            .....................
Glass Manufacturing........................................     426  7/86 (BCT)            .....................
Grain Mills................................................     406  7/86 (BCT)            .....................
Gum and Wood Chemicals.....................................     454  5/76 (BPT)            .....................
Hospitals..................................................     460  5/76 (BPT)            S 1989.              
Ink Formulating............................................     447  7/75                  .....................
Inorganic Chemicals........................................     415  6/82                  S 1994.              
Iron and Steel Manufacturing...............................     420  5/82                  S 1995.              
Leather Tanning and Finishing..............................     425  11/82                 .....................
Meat Products..............................................     432  7/76 (BCT)            .....................
Metal Finishing............................................     433  7/83                  S 1994.              
Metal Molding and Casting (Foundries)......................     464  10/85                 .....................
Mineral Mining and Processing..............................     436  7/77 (BPT)            .....................
Nonferrous Metals Forming..................................     471  8/85                  .....................
Nonferrous Metals Manufacturing............................     421  6/84                  .....................
Oil and Gas Extraction.....................................     435                        .....................
  Offshore Subcategory.....................................  ......  3/4/93                .....................
  Coastal Subcategory......................................  ......  11/79 (BPT)           \2\P 1/95; F 7/96.   
  Other Subcategories......................................  ......  11/79 (BPT)           .....................
Ore Mining and Dressing....................................     440  12/82                 .....................
  Gold Placer Mining Subcategory...........................          5/88                  .....................
Organic Chemicals, Plastics and Synthetic Fibers...........     414  11/87                 .....................
Paint Formulating..........................................     446  7/75                  S 1989.              
Paving and Roofing Materials...............................     443  7/75                  .....................
Pesticide Chemicals........................................     455                        .....................
  Manufacturing............................................          9/28/93               .....................
  Formulating, Packaging, Repackaging......................          4/78 (BPT)            P 4/14/94; F 8/95.   
Petroleum Refining.........................................     419  10/82                 S 1993.              
Pharmaceutical Manufacturing...............................     439  10/83                 S 1989; P 8/94; F 2/ 
                                                                                            96.                 
Phosphate Manufacturing....................................     422  6/76                  .....................
Photographic Processing....................................     459  7/76 (BPT)            .....................
Plastics Molding and Forming...............................     463  12/84                 .....................
Porcelain Enameling........................................     466  11/82                 .....................
Pulp, Paper and Paperboard.................................     430  12/86 (BCT)           P 12/17/93; F 9/95.  
Rubber Manufacturing.......................................     428  2/74                  .....................
Seafood Processing.........................................     408  7/86 (BCT)            .....................
Soap and Detergent Manufacturing...........................     417  4/74                  .....................
Steam Electric Power Generating............................     423  11/82                 S 1995.              
Sugar Processing...........................................     409  7/86 (BCT)            .....................
Textile Mills..............................................     410  9/82                  S 1994.              
Timber Products Processing.................................     429  1/81                  .....................
----------------------------------------------------------------------------------------------------------------
Notes:                                                                                                          
                                                                                                                
\1\EPA proposed merging part 431 with part 430 in the proposed Pulp, Paper and Paperboard rule on 12/17/93.     
\2\Notice and request for comments 11/8/89.                                                                     

Appendix B--Current and Future Rulemaking Projects

------------------------------------------------------------------------
                      Category                         Proposed   Final 
------------------------------------------------------------------------
Pulp, Paper and Paperboard..........................   12/17/93     9/95
Pesticide Formulating, Packaging and Repackaging....    4/14/94     8/95
Pharmaceutical Manufacturing........................       8/94     2/96
Metal Products and Machinery, Phase 1...............      11/94     5/96
Centralized Waste Treatment\1\......................   \3\12/94  \3\9/96
Coastal Oil and Gas Extraction......................       1/95     7/96
Industrial Laundries................................      12/96    12/98
Transportation Equipment Cleaning...................      12/96    12/98
Landfills and Incinerators\2\.......................    \3\3/97    \3\99
Metal Products and Machinery, Phase 2...............      12/97    12/99
2 categories........................................      12/98    12/00
2 categories........................................      12/99    12/01
2 categories........................................      12/00    12/01
2 categories........................................      12/01    12/03
------------------------------------------------------------------------
Notes:                                                                  
                                                                        
\1\Formerly called Waste Treatment, Phase 1.                            
\2\Formerly called Waste Treatment, Phase 2.                            
\3\Dates reflect pending unopposed motions to extend consent decree     
  deadlines.                                                            

Appendix C--Completed Preliminary Studies

Recent Studies

    Recently-completed preliminary studies will be available from the 
EPA National Center for Environmental Publications and Information 
(NCEPI), 11029 Kenwood Road, Building 5, Cincinnati, OH 45242; 
telephone (513) 891-6561, fax (513) 891-6685. Please specify the EPA 
Document Number when ordering.

------------------------------------------------------------------------
     Publication Title        Availability Date       EPA Document No.  
------------------------------------------------------------------------
Preliminary Data Summary    July 1994............  EPA-821-94-005.      
 for the Petroleum                                                      
 Refining Category.                                                     
Preliminary Data Summary    June 1994............  EPA-821-R-94-006     
 for the Metal Finishing                                                
 Category.                                                              
------------------------------------------------------------------------

1989 Studies

    The following studies were published as Preliminary Data Summaries 
by EPA in 1989. Copies may be purchased from the National Technical 
Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 
22161, telephone (703) 487-4650. Please specify the NTIS Accession 
Number(s) when ordering.

----------------------------------------------------------------------------------------------------------------
                                                               Current Category Number (if       NTIS Accession 
                    Publication Title                       different from publication title)          No.      
----------------------------------------------------------------------------------------------------------------
Preliminary Data Summary for the Drum Reconditioning       ...................................  PB90-126491.    
 Industry.                                                                                                      
Preliminary Data Summary for the Hazardous Waste           Centralized Waste Treatment;         PB90-126517.    
 Treatment Industry.                                        Landfills and Incinerators.                         
Preliminary Data Summary for the Hospitals Point Source    ...................................  PB90-126459.    
 Category.                                                                                                      
Preliminary Data Summary for Industrial Laundries........  ...................................  PB90-126541.    
Preliminary Data Summary for the Machinery Manufacturing   Metal Products and Machinery.......  PB90-126525.    
 and Rebuilding Industry.                                                                                       
Preliminary Data Summary for the Paint Formulating Point   ...................................  PB90-126475.    
 Source Category.                                                                                               
Preliminary Data Summary for the Pharmaceutical            ...................................  PB90-126533.    
 Manufacturing Point Source Category.                                                                           
Preliminary Data Summary for the Solvent Recycling         ...................................  PB90-126467.    
 Industry.                                                                                                      
Preliminary Data Summary for the Transportation Equipment  ...................................  PB90-126483.    
 Cleaning Industry.                                                                                             
Preliminary Data Summary for the Used Oil Reclamation and  ...................................  PB90-126509.    
 Re-Refining Industry.                                                                                          
----------------------------------------------------------------------------------------------------------------

Appendix D--Current Preliminary Studies

------------------------------------------------------------------------
                      Category                         Start    Complete
------------------------------------------------------------------------
Textile Mills.......................................     1993       1994
Inorganic Chemicals.................................     1993       1994
Iron and Steel Manufacturing........................     1994       1995
Steam Electric Power Generating.....................     1994       1995
2 studies...........................................     1995       1996
3 studies...........................................     1996       1997
------------------------------------------------------------------------

[FR Doc. 94-12101 Filed 5-17-94; 8:45 am]
BILLING CODE 6560-50-P-M