[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.
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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.
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.
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Examples of potentially affected
Category of entity entities
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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.
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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
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Proposal Final action
-------------------------------
Category Consent decree Consent
or actual Decree
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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
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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
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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
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Category 40 CFR part Proposed Final
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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
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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
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Category Complete
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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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