[Federal Register Volume 59, Number 165 (Friday, August 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20954]


[[Page Unknown]]

[Federal Register: August 26, 1994]


      
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Part II





Environmental Protection Agency





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40 CFR Ch. I




Effluent Guidelines Plan; Proposed Rule
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL-5050-3]
RIN 2040-AC90

 
Effluent Guidelines Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Effluent Guidelines Plan.

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SUMMARY: Today's notice announces the Agency's 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.

ADDRESSES: 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 B.

FOR FURTHER INFORMATION CONTACT: Eric Strassler, Engineering and 
Analysis Division (4303), Environmental Protection Agency, 401 M 
Street, SW., Washington, DC 20460; telephone 202-260-7150.

SUPPLEMENTARY INFORMATION:
I. Legal Authority
II. Introduction
    A. Purpose of Today's Notice
    B. Overview of Today's Notice
III. 1994 Proposed Effluent Guidelines Plan
IV. 1994 Effluent Guidelines Plan
    A. Regulations
    1. Ongoing Rulemakings
    2. Future Regulations
    a. Metal Products and Machinery Phase 2
    b. Two Additional Rulemaking Projects: 1996 Start
    B. Preliminary Studies
    C. Summary of Changes from Proposed Plan
V. Public Comments
VI. Economic Impact Assessment
VII. Executive Order 12866
Appendix A--Effluent Guidelines Rulemaking Projects and Preliminary 
Studies
Appendix B--Completed 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).

II. Introduction

A. Purpose of Today's Notice

    Today's notice announces the Agency's third biennial plan for 
developing new and revised effluent guidelines pursuant to sec. 304(m) 
of the Clean Water Act.
    EPA published a proposed Effluent Guidelines Plan (the ``Proposed 
Plan'') on May 18, 1994 (59 FR 25859). The Agency invited comment on 
the notice until June 17, 1994. Today's notice summarizes and addresses 
the major comments the Agency received.

B. Overview of Today's Notice

    The Agency intends to develop effluent limitation guidelines and 
standards (``effluent guidelines'') as follows:
    1. Continue development of nine rules listed in the Proposed Plan. 
The categories are: Pulp, Paper and Paperboard; Pesticide Chemicals 
(Formulating, Packaging and Repackaging); Coastal Oil and Gas 
Extraction; Centralized Waste Treatment; Pharmaceutical Manufacturing; 
Metal Products and Machinery, Phase 1; Landfills and Incinerators; 
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 Federal Register notices. EPA intends to 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.
    These actions are identical to those described in the Proposed 
Plan.

III. 1994 Proposed Effluent Guidelines Plan

    In the Proposed Plan, EPA described its intent to continue 
development of nine ongoing rulemakings, develop eight additional rules 
between 1996 and 2003, and conduct preliminary studies. The Proposed 
Plan set forth EPA's rationale for the selection of particular 
industries as candidates for new or revised effluent guidelines. The 
Proposed Plan also described the relevant statutory framework, the 
components and process for development of an effluent guidelines 
regulation, and other background information. The principal elements of 
the Proposed Plan were designed to implement sec. 304(m) and a consent 
decree in Natural Resources Defense Council et al. v. Reilly (D.D.C. 
89-2980, January 31, 1992) (the ``Consent Decree''). See 59 FR 25860-
25865.

IV. 1994 Effluent Guidelines Plan

    EPA's 1994 Effluent Guidelines Plan is set forth below. Today's 
Plan is substantively identical to the Proposed Plan. As noted above, 
the basis for selection of the industries identified in today's Plan is 
described in the Proposed Plan.

A. Regulations

1. Ongoing Rulemakings
    The Agency is currently in the process of developing new or revised 
effluent guidelines for nine categories. (These categories were listed 
in the Proposed 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        
------------------------------------------------------------------------
                                                                  Final 
                      Category                         Proposal   action
------------------------------------------------------------------------
Pulp, paper and paperboard.\1\                         12/17/93     9/95
Pesticide formulating, packaging, and repackaging...    4/14/94     8/95
Metal products and machinery, phase.\1\                   11/94     5/96
Centralized waste treatment.........................   \2\12/94  \2\9/96
Coastal oil and gas extraction......................       1/95     7/96
Pharmaceutical manufacturing........................    \2\2/95  \2\8/96
Industrial laundries................................      12/96    12/98
Transportation equipment cleaning...................      12/96    12/98
Landfills and incinerators..........................    \2\3/97  \2\3/99
                                                                        
------------------------------------------------------------------------
\1\The Pulp, Paper and Paperboard rulemaking is not covered by the NRDC 
  consent decree. Deadlines are subject to a consent decree in EDF et al
  v. Thomas (D.D.C. No. 85-0973).                                       
\2\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. Future Regulations
    a. Metal Products and Machinery Phase 2. The 1992 consent decree 
requires that EPA begin rulemaking for the Metal Product and Machinery 
Phase 2 (MP&M 2) category in 1995. As announced in the 1992 Effluent 
Guidelines Plan (57 FR 41000, September 8, 1992), EPA intends to 
propose the MP&M 2 rule in 1997 and take final action in 1999.
    b. Two Additional Rulemaking Projects: 1996 Start. EPA will start 
work on two more rules in 1996. EPA has not yet selected the specific 
industrial categories for 1996. However, based on the discussion of 
data sources in the Proposed Plan (59 FR 25863), 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 
(proposed subcategories for which EPA did not propose toxic and 
nonconventional pollutant limits in the proposed rule published 
December 17, 1993: G. Mechanical Pulp; H. Non-Wood Chemical Pulp; I. 
Secondary Fiber Deink; J. Secondary Fiber Non-Deink; K. Fine and 
Lightweight Papers from Purchased Pulp; and L. Tissue, Filter, Non-
Woven, and Paper from Purchased Pulp).
    EPA intends to announce its rulemaking selections in the Federal 
Register within the next year.

B. Preliminary Studies

    In the Proposed Plan EPA described six preliminary studies either 
completed or underway, and announced that it intended to begin two 
preliminary studies in 1995, and three additional studies in 1996 (59 
FR 25864-5). The studies assist the Agency in selecting industries to 
be subject to future effluent guidelines rulemaking.
    The Agency is proceeding as proposed with studies for the Textile 
Mills category (40 CFR part 410) and the Inorganic Chemicals category 
(40 CFR part 415), both of which will be completed by December 1994. 
Studies of the Steam Electric Power Generating category (40 CFR part 
423) and Iron and Steel Manufacturing category (40 CFR part 420) were 
started earlier this year will be complete in late 1995. Studies on the 
Petroleum Refining category (40 CFR part 419) and the Metal Finishing 
category (40 CFR part 433) were recently completed.
    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.
    EPA has not yet selected the categories to be studied in 1995 or 
1996.

C. Summary of Changes from Proposed Plan

    Today's Effluent Guidelines Plan is substantively identical to the 
Proposed Plan. However, some clarifications are provided below in 
response to several comments the Agency received on the proposal.

V. Public Comments

    The public comment period for the Proposed Plan closed on June 17, 
1994. The Agency received comments that covered approximately 18 topics 
from 6 commenters, including industries and an environmental group. The 
summary in this section highlights the more significant comments 
submitted. The administrative record for today's notice includes a 
complete text of the comments and the Agency's responses.

A. Scope of Specific Effluent Guidelines Rules

    Several comments addressed the scope of coverage and other issues 
pertaining to specific effluent guidelines rules which EPA recently 
proposed or will propose in the next few years.
    EPA will forward these comments to the dockets for the appropriate 
rules. The Agency has not made final decisions about the scope and 
applicability of these guidelines.

B. Effluent Guidelines Planning Process

    One comment questioned the Agency's commitment to planning for the 
Effluent Guidelines Program, and stated that EPA should demonstrate 
that it has actually engaged in planning for future development of 
Effluent Guidelines, rather than using the 304(m) plan as a status 
report and vehicle to request further information from outside sources.
    EPA has devoted substantial resources to planning for Effluent 
Guidelines. Most significantly, the Agency has supported the Effluent 
Guidelines Task Force, an advisory committee, that has investigated 
ways to improve the planning process, expedite the promulgation of 
effluent guidelines, and better promote pollution prevention practices. 
The Task Force recently submitted its Report and Recommendations on 
``Selection Criteria for Preliminary Industry Studies'' to the EPA 
Administrator. The Task Force agreed with EPA on the limitations of 
various data sources, although it encouraged the Agency to take greater 
advantage of the information and experience available from state and 
local governments in dealing with industrial dischargers. EPA looks 
forward to working more closely with state and local governments on 
preliminary studies and effluent guidelines planning in general.
    While the Agency does invite submissions of data from outside 
sources to assist in Effluent Guidelines planning, it also conducts 
preliminary industry studies. EPA believes that conducting preliminary 
studies is the most effective manner in which to learn about industries 
discharging toxic and nonconventional pollutants. Two studies have been 
completed, and additional studies are underway, pursuant to the Consent 
Decree. Consistent with the previous Plans, the 1994 Proposed Plan 
states that the ``total priority pollutants discharged'' factor has 
been ``among the most useful indicators for selecting categories for 
effluent guidelines'' (59 FR 25863). The preliminary studies provide 
this kind of information, but most of the other data sources the Agency 
consults do not support calculating national estimates of discharges by 
category.

VI. Economic Impact Assessment

    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 
guideline rulemakings developed by the Agency.

VII. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this plan is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

    Dated: August 18, 1994.
Carol M. Browner,
Administrator.

Appendix A--Effluent Guidelines Rulemaking Projects and Preliminary 
Studies 

       Effluent Guidelines Current and Future Rulemaking Projects       
------------------------------------------------------------------------
                                              40 CFR                    
                  Category                    part    Proposed    Final 
------------------------------------------------------------------------
Pulp, paper and paperboard.................      430   12/17/93     9/95
Pesticide formulating, packaging and                                    
 repackaging...............................      455    4/14/94     8/95
Metal products and machinery, Phase 1......      438      11/94     5/96
Centralized waste treatment\1\.............      437   \3\12/94  \3\9/96
Coastal oil and gas extraction.............      435       1/95     7/96
Pharmaceutical manufacturing...............      439    \3\2/95  \3\8/96
Industrial laundries.......................      441      12/96    12/98
Transportation equipment cleaning..........      442      12/96    12/98
Landfills and incinerators\2\..............      437    \3\3/97  \3\3/99
Metal products and machinery, Phase 2......      438      12/97    12/99
2 categories--rulemaking projects start                                 
 1996......................................  .......      12/98    12/00
2 categories--rulemaking projects start                                 
 1997......................................  .......      12/99    12/01
2 categories--rulemaking projects start                                 
 1998......................................  .......      12/00    12/02
2 categories--rulemaking projects start                                 
 1999......................................  .......      12/01    12/03
------------------------------------------------------------------------
\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.                                                            


                 Current and Future Preliminary Studies                 
------------------------------------------------------------------------
                                                40 CFR                  
                   Category                      part   Start   Complete
------------------------------------------------------------------------
Inorganic chemicals...........................     415    1993     1994 
Textile mills.................................     410    1993     1994 
Steam electric power generating...............     423    1994     1995 
Iron and steel manufacturing..................     420    1994     1995 
2 categories..................................  ......    1995     1996 
3 categories..................................  ......    1996     1997 
------------------------------------------------------------------------

Appendix B--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.

------------------------------------------------------------------------
                        40 CFR                                          
  Publication title      part      Publication date     EPA document No.
------------------------------------------------------------------------
Preliminary data           419  October 1994.........  EPA-821-R-94-005 
 summary for the                                                        
 petroleum refining                                                     
 category.                                                              
Preliminary data           433  October 1994.........  EPA-821-R-94-006 
 summary 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 name                       
     Publication title        (if different from     NTIS accession No. 
                              publication title)                        
------------------------------------------------------------------------
Preliminary data summary    .....................  PB90-126491          
 for the drum                                                           
 reconditioning industry.                                               
Preliminary data summary    Centralized waste      PB90-126517          
 for the hazardous waste     treatment; landfills                       
 treatment industry.         and incinerators.                          
Preliminary data summary    .....................  PB90-126459          
 for the hospitals point                                                
 source category.                                                       
Preliminary data summary    .....................  PB90-126541          
 for industrial laundries.                                              
Preliminary data summary    Metal products and     PB90-126525          
 for the machinery           machinery.                                 
 manufacturing and                                                      
 rebuilding industry.                                                   
Preliminary data summary    .....................  PB90-126475          
 for the paint formulating                                              
 point source category.                                                 
Preliminary data summary    .....................  PB90-126533          
 for the pharmaceutical                                                 
 manufacturing point                                                    
 source category.                                                       
Preliminary data summary    .....................  PB90-126467          
 for the solvent recycling                                              
 industry.                                                              
Preliminary data summary    .....................  PB90-126483          
 for the transportation                                                 
 equipment cleaning                                                     
 industry.                                                              
Preliminary data summary    .....................  PB90-126509          
 for the used oil                                                       
 reclamation and re-                                                    
 refining industry.                                                     
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[FR Doc. 94-20954 Filed 8-25-94; 8:45 am]