[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Notices]
[Pages 52582-52585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25653]



[[Page 52581]]


_______________________________________________________________________

Part V





Environmental Protection Agency





_______________________________________________________________________



Effluent Guidelines Plan; Notice

  Federal Register / Vol. 61, No. 195 / Monday, October 7, 1996 / 
Notices  

[[Page 52582]]



ENVIRONMENTAL PROTECTION AGENCY

[FRL-5617-7]
RIN 2040-AC86


Effluent Guidelines Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of effluent guidelines plan.

-----------------------------------------------------------------------

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.

EFFECTIVE DATE: November 6, 1996.

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.

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. Regulated Entities
II. Legal Authority
III. Introduction
    A. Purpose of Today's Notice
    B. Overview of Today's Notice
IV. 1996 Proposed Effluent Guidelines Plan
V. 1996 Effluent Guidelines Plan
    A. Regulations
    1. Ongoing Rulemakings
    2. Future Regulations
    a. Iron and Steel Manufacturing
    b. Additional Rulemaking Projects
    B. Preliminary Studies
    C. Summary of Changes from Proposed Plan
    D. Updates on Rulemaking Activities
    1. Pulp, Paper and Paperboard
    2. Centralized Waste Treatment
    3. Leather Tanning and Finishing
    4. Ore Mining and Dressing
VI. Public Comments
    A. Scope of Specific Effluent Guidelines Rules
    B. Metal Products and Machinery
    C. Pharmaceutical Manufacturing
    D. Preliminary Studies
    E. Industry Selection Criteria
VII. Economic Impact Assessment
VIII. Executive Order 12866

Appendix A--Effluent Guidelines Rulemaking Projects and Preliminary 
Studies

I. Regulated Entities

    Today's proposed plan does not contain regulatory requirements and 
does not provide specific definitions for each industrial category. 
Entities potentially affected by decisions regarding the final plan are 
listed below.

------------------------------------------------------------------------
                                        Examples of potentially affected
          Category of entity                        entities            
------------------------------------------------------------------------
Industry..............................  Pulp, Paper and Paperboard;     
                                         Pesticide Formulating,         
                                         Packaging and Repackaging;     
                                         Coastal Oil and Gas Extraction;
                                         Centralized Waste Treatment;   
                                         Pharmaceutical Manufacturing;  
                                         Metal Products and Machinery;  
                                         Landfills and Incinerators;    
                                         Industrial Laundries;          
                                         Transportation Equipment       
                                         Cleaning; Iron and Steel       
                                         Manufacturing; Chemical        
                                         Formulators, Packagers and     
                                         Repackagers; Feedlots;         
                                         Inorganic Chemicals; Petroleum 
                                         Refining; Photographic         
                                         Processing; Steam Electric     
                                         Power Generating; Storm Water  
                                         dischargers; Textile Mills.    
------------------------------------------------------------------------

    To determine whether your facility would be regulated, you should 
carefully examine the applicability criteria in the appropriate 
proposed rule (previously published or forthcoming). Citations for 
previously published proposed rules and schedules for forthcoming 
proposed rules are provided in Appendix A of today's notice.

II. 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).

III. 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 July 3, 1996 (61 FR 35042). The Agency accepted comment on 
the notice until August 9, 1996. 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 ten 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; Transportation Equipment Cleaning; and Metal 
Products and Machinery, Phase 2.
    2. Begin development of revised effluent guidelines for the Iron 
and Steel Manufacturing category.
    3. Initiate three preliminary studies 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. Complete preliminary studies on the Photographic Processing and 
Chemical Formulating and Packaging industries.
    5. Plan for development of seven additional effluent guidelines, 
either new or revised. The point source categories to be covered by 
these guidelines will be identified in future biennial Effluent 
Guidelines Plans.
    These actions are identical to those described in the Proposed 
Plan.

IV. 1996 Proposed Effluent Guidelines Plan

    In the Proposed Plan, EPA described its intent to continue 
development of ongoing rulemakings, develop additional rules, 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. Browner (D.D.C. 89-2980, January 31, 1992, as 
modified) (the ``Consent Decree''). See 61 FR 35042-35052.

[[Page 52583]]

V. 1996 Effluent Guidelines Plan

    EPA's 1996 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 ten 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       
------------------------------------------------------------------------
                                             Proposal      Final action 
                                         -------------------------------
                Category                  Consent decree      Consent   
                                             or actual        Decree    
------------------------------------------------------------------------
Pulp, Paper and Paperboard..............        12/17/93           (\1\)
Pesticide Formulating, Packaging, and                                   
 Repackaging............................         4/14/94            9/96
Centralized Waste Treatment.............         1/27/95        \2\ 3/97
Coastal Oil and Gas Extraction..........         2/17/95           10/96
Pharmaceutical Manufacturing............          5/2/95        \2\ 3/97
Metal Products and Machinery, Phase 1...         5/30/95    \2\ \4\ 3/97
Industrial Laundries....................        \2\ 3/97       \3\ 12/98
Transportation Equipment Cleaning.......        \2\ 3/97       \3\ 12/98
Landfills and Incinerators..............        \3\ 3/97        \3\ 3/99
Metal Products and Machinery, Phase 2...   \3\ \4\ 12/97    \3\ \4\12/99
------------------------------------------------------------------------
\1\ The Pulp, Paper and Paperboard rulemaking is not covered by the     
  January 31, 1992 consent decree.                                      
\2\ 3/97 is an interim deadline by which EPA and NRDC expect to conclude
  negotiations. EPA may not propose or promulgate these rules by 3/97.  
\3\ EPA is discussing extensions to Consent Decree dates with NRDC.     
\4\ EPA is considering merging Phases 1 and 2 of the Metal Products and 
  Machinery rule.                                                       

    The Agency has not yet received funding for Fiscal Year 1997, and 
funding restrictions may affect rulemaking schedules. EPA is discussing 
extensions to most of the Consent Decree dates with NRDC, for both 
budgetary reasons and specific policy, technical and administrative 
issues in some regulations.
2. Future Regulations
    a. Iron and Steel Manufacturing. As announced in the Proposed Plan, 
EPA intends to propose revised regulations for the Iron and Steel 
Manufacturing Category. The current consent decree deadlines are 
December 1998 for proposal and December 2000 for promulgation; however, 
EPA is discussing extensions to these deadlines with NRDC.
    b. Additional Rulemaking Projects. The Decree currently requires 
that EPA develop seven additional rules. Based on the discussion of 
data sources in the Proposed Plan (61 FR 35047), the Agency may choose 
the next rulemaking projects from the following list of categories:
     Chemical Formulators, Packagers and Repackagers.
     Feedlots.
     Inorganic Chemicals.
     Petroleum Refining.
     Photographic Processing.
     Steam Electric Power Generating.
     Storm Water.
     Textile Mills.
    Completed, ongoing or potential preliminary studies on these 
categories were discussed in the Proposed Plan (61 FR 35047-35051). The 
Agency may consider other categories for rulemaking as it receives 
additional data. The Consent Decree deadlines for the additional rules 
are part of the Agency's ongoing negotiations with NRDC.

B. Preliminary Studies

    In the Proposed Plan EPA described preliminary studies either 
completed or underway, and announced that it intended to begin 
additional preliminary studies. The studies assist the Agency in 
selecting industries to be subject to future effluent guidelines 
rulemaking.
    The Agency is completing work on two studies: Photographic 
Processing and Chemical Formulating, Packaging and Repackaging. EPA 
will begin additional studies, but has not yet selected the categories 
for study.

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.

D. Updates on Rulemaking Activities

1. Pulp, Paper and Paperboard
    On July 15, 1996, EPA published a notice of data availability (61 
FR 36835) that described the Agency's goals for environmental 
improvement in the pulp, paper, and paperboard industry. This notice 
also announced the availability of new data related to the proposed 
effluent limitation guidelines and standards and discussed the 
preliminary results of detailed analysis relative to a portion of this 
industry. Finally, this notice discussed an innovative new approach to 
foster continuing environmental improvement through the development and 
use of a voluntary incentives-based program for implementing advanced 
pollution prevention technologies that move the industry closer to 
meeting the Clean Water Act goal of zero discharge.
2. Centralized Waste Treatment
    EPA published a Notice of Availability on September 16, 1996 (61 FR 
48805). The notice describes new information the Agency has obtained 
since the proposed rule of January 27, 1995. The notice also explains, 
based on this information, the Agency's revised estimates of the size 
and regulatory impacts of the proposed rulemaking on the proposed oils 
treatment and recovery subcategory.
3. Leather Tanning and Finishing
    EPA issued a direct final rule concerning minor revisions to the 
Leather Tanning and Finishing regulations (40 CFR Part 425) on July 8, 
1996 (61 FR 35680). These revisions

[[Page 52584]]

will become effective on October 6, 1996.
4. Ore Mining and Dressing
    EPA proposed modifications to the Copper, Lead, Zinc, Gold, Silver 
and Molybdenum subcategory of the Ore Mining regulations (40 CFR part 
440, Subpart J) on February 12, 1996 (61 FR 5364). The proposed 
modifications involved an exemption from a requirement for a mine to 
use impoundments or ``tailings ponds'' where such requirements would be 
impractical due to severe topographic and climatic conditions. Such 
conditions appear to exist at the Alaska-Juneau (A-J) gold mine project 
near Juneau, Alaska. The public comment period for comments concerning 
technological alternatives for the A-J project site closed on August 
12, 1996. EPA is reviewing the comments and evaluating alternatives as 
part of the Region 10 Supplemental Environmental Impact Statement 
(SEIS). The Agency will publish a notice announcing the additional data 
and is scheduling a series of public meetings for late October or early 
November 1996. These meetings will be announced in the Federal 
Register.

VI. Public Comments

    EPA accepted public comment on the Proposed Plan until August 9, 
1996. The Agency received comments that covered approximately 30 topics 
from 48 commenters, including industries, an environmental group, 
States, publicly owned treatment works, and Federal agencies. The 
summary in this section highlights the 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. Metal Products and Machinery

    In the Proposed Plan, EPA stated that it was considering merging 
Phases 1 and 2 of the Metal Products and Machinery (MP&M) rule (61 FR 
35045). Eighteen commenters supported EPA's proposal to merge Phases 1 
and 2 of the MP&M rulemaking into one final rule. EPA will consider 
these recommendations as it continues to negotiate extensions of the 
Consent Decree deadlines for the MP&M rules with NRDC.

C. Pharmaceutical Manufacturing

    In the Proposed Plan, EPA stated that it was considering the merits 
of jointly promulgating effluent guidelines along with planned National 
Emission Standards for Hazardous Air Pollutants (NESHAP) regulations 
for the pharmaceutical industry (61 FR 35046). Eleven commenters 
supported simultaneous promulgation of air and water standards for the 
Pharmaceuticals industry. EPA will consider these recommendations as it 
continues to negotiate an extension of the Consent Decree deadline for 
the Pharmaceuticals effluent guidelines rule with NRDC.

D. Preliminary Studies

    Several comments supported or opposed EPA's conducting preliminary 
studies of certain categories, and some of the commenters also 
recommended issues to be considered if the studies were conducted. The 
Agency has not selected categories for studies. As studies are 
selected, EPA will consider the issues raised by the commenters.

E. Industry Selection Criteria

    In the Proposed Plan, EPA described its process for selection of 
new effluent guidelines (61 FR 35046). In discussing the Agency's use 
of various factors in comparing industrial categories, one commenter 
recommended that the Agency's use of ``total pollutants discharged'' 
information should be adapted in recognition of significant changes in 
influent loadings to publicly owned treatment works (POTWs) as the 
result of implementation of local pretreatment programs and changes in 
analytical techniques. EPA agrees that load estimates should reflect 
local pretreatment programs and current conditions. However, the Agency 
generally cannot obtain category-wide data on pretreatment of 
industrial loadings during the selection process. In addition to its 
quantitative estimates, EPA does make qualitative evaluations about the 
relative extent of POTW local limits for different industrial 
categories during the selection process.
    Another commenter recommended that in the environmental factors, 
EPA should consider the availability of treatment technologies that may 
result in significant reductions of existing pollutants; discontinue 
use of ``total pollutants discharged''; compare industry discharges on 
a facility basis, not total industry basis, and look at pollutant 
concentrations; use NPDES permit application data for comparisons; and 
evaluate effects of other EPA regulations on effluent quality. EPA does 
consider the availability of treatment technologies as well as relative 
costs. In the Proposed Plan (61 FR 35046), the discussion on the 
``Utility'' criterion stated that ``EPA typically looks at a variety of 
factors'', however only several of these factors were listed for 
brevity: Average priority pollutants discharged per facility, Average 
priority toxic pounds-equivalent discharged per facility, and Number of 
discharging facilities. The other factors the Agency considers under 
the ``Utility'' criterion are: Potential For Additional Control, 
Pollution Prevention Opportunity, Multi-Media Rule Opportunity, Extent 
of Industry Not Covered by Existing Effluent Guidelines, Variability of 
Industry Discharges, Inapplicability of Existing Regulations, and 
Potential Impact of Indirect Dischargers. For some of these factors, 
EPA may not have quantitative data, and the Agency relies on the 
engineering judgment of its professional staff.
    EPA uses total pollutant discharge to evaluate an industry's 
overall impact on the nation's waters. Additionally, EPA does examine 
average discharge per facility. EPA considers pollutant loads rather 
than pollutant concentrations in order to evaluate potential impact to 
the environment (e.g. sediment loadings and bioaccumulation potential). 
EPA uses the NPDES Permit Compliance System (PCS), which includes self-
monitoring data, to estimate loads. Resource limitations preclude the 
Agency from reviewing individual permit applications. EPA agrees that 
estimating impacts on wastewater discharges from non-water 
environmental regulations is important, and will attempt to calculate 
these impacts where data are available. Typically, after implementation 
of a final rule, there is a delay of perhaps several years before 
wastewater impacts can be estimated for a category.
    A third commenter stated that among the environmental factors, a 
description of contact path and associated risk should be included, 
e.g. bioaccumulation in food chain to levels much greater than 
originally in the receiving water. EPA agrees that the exposure route 
is an important criterion but the Agency does not have the resources to 
evaluate each chemical discharged for all industries. However, EPA does 
consider the relative risk of pollutant discharge by using the criteria 
toxic pound equivalence. Toxic pound equivalence allows comparison of 
the relative toxicity of pollutants in terms of

[[Page 52585]]

human health and aquatic life protection. This criterion also accounts 
for the bioaccumulation potential of pollutants.

VII. 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.

VIII. 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 rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

    Dated: September 27, 1996.
Carol M. Browner,
Administrator.

Appendix A--Effluent Guidelines Rulemaking Projects and Preliminary 
Studies

                           Effluent Guidelines Current and Future Rulemaking Projects                           
----------------------------------------------------------------------------------------------------------------
                Category                  40 CFR part                    Proposed                       Final   
----------------------------------------------------------------------------------------------------------------
Pulp, Paper and Paperboard..............          430  12/17/93 (58 FR 66078)......................        (\1\)
Pesticide Formulating, Packaging and              455  4/14/94 (59 FR 17850).......................         9/96
 Repackaging.                                                                                                   
Centralized Waste Treatment.............          437  1/27/95 (60 FR 5464)........................     \2\ 3/97
Coastal Oil and Gas Extraction..........          435  2/17/95 (60 FR 9428)........................        10/96
Pharmaceutical Manufacturing............          439  5/2/95 (60 FR 21592)........................     \2\ 3/97
Metal Products and Machinery, Phase 1...          438  5/30/95 (60 FR 28209).......................    2, 4 3/97
Industrial Laundries....................          441  3/97 \2\....................................    \3\ 12/98
Transportation Equipment Cleaning.......          442  3/97 \2\....................................    \3\ 12/98
Landfills and Incinerators..............          437  3/97 \3\....................................     \3\ 3/99
Metal Products and Machinery, Phase 2...          438  12/97 3, 4..................................   3, 4 12/99
Iron and Steel Manufacturing............          420  12/98 \3\...................................    \3\ 12/00
1 category..............................  ...........  12/98 \3\...................................    \3\ 12/00
2 categories............................  ...........  12/99 \3\...................................    \3\ 12/01
2 categories............................  ...........  12/00 \3\...................................    \3\ 12/02
2 categories............................  ...........  12/01 \3\...................................   \3\ 12/03 
----------------------------------------------------------------------------------------------------------------
 Notes                                                                                                          
\1\ The Pulp, Paper and Paperboard rulemaking is not covered by the January 31, 1992 consent decree.            
\2\ 3/97 is an interim deadline by which EPA and NRDC expect to conclude negotiations. EPA may not propose or   
  promulgate these rules by 3/97.                                                                               
\3\ EPA is discussing extensions to Consent Decree dates with NRDC.                                             
\4\ EPA is considering merging Phases 1 and 2 of the Metal Products and Machinery rule.                         


                 Current and Future Preliminary Studies                 
------------------------------------------------------------------------
                          Category                             Complete 
------------------------------------------------------------------------
Petroleum Refining.........................................         1993
Metal Finishing............................................         1993
Textile Mills..............................................         1994
Inorganic Chemicals........................................         1994
Steam Electric Power Generating............................         1995
Iron and Steel Manufacturing...............................         1995
Photographic Processing....................................         1996
Chemical Formulators and Packagers \1\1996.................             
Three studies \1\1997 .....................................             
------------------------------------------------------------------------
Note                                                                    
\1\ EPA is discussing extensions to Consent Decree dates with NRDC.     

[FR Doc. 96-25653 Filed 10-4-96; 8:45 am]
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