[Federal Register Volume 64, Number 60 (Tuesday, March 30, 1999)]
[Notices]
[Pages 15158-15159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7772]



[[Page 15158]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6317-4]


Effluent Guidelines Plan Update and Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA announces several recent developments in the effluent 
guidelines program. The Agency is developing a proposed rule for the 
Construction and Development industry and announces a public meeting to 
discuss the project. EPA also initiated a preliminary study of the 
Aquaculture industry. Finally, EPA announces a revised deadline for the 
Iron and Steel Manufacturing rule.

DATES: The public meeting for the Construction and Development 
rulemaking will be held on April 20, 1999, from 9:00 a.m. to 12:00 
noon.

ADDRESSES: The meeting will take place at the Voice of America 
Auditorium, Wilbur J. Cohen Federal Building, 300 block of C Street, SW 
(between 3rd and 4th Streets), Washington, DC. See SUPPLEMENTARY 
INFORMATION for details on parking and transit. Written inquiries may 
be sent to: Engineering and Analysis Division (4303), Environmental 
Protection Agency, 401 M Street, SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: For the Construction and Development 
rulemaking, contact Eric Strassler, telephone 202-260-7150, E-mail: 
[email protected]. For the Aquaculture preliminary study, contact 
Michael Clipper, telephone 202-260-1278, E-mail: [email protected]. 
For the Iron and Steel rulemaking, contact George Jett, telephone 202-
260-7151, E-mail: [email protected]. Fact sheets on these projects 
are available on EPA's website at http://www.epa.gov/OST/guide.

SUPPLEMENTARY INFORMATION: EPA published its 1998 Effluent Guidelines 
Plan on September 4, 1998 (63 FR 47285). The Plan described the 
Effluent Guidelines Program and listed regulations that the Agency was 
developing or intended to develop. As mentioned in the Plan, several of 
these regulation projects are required by a Consent Decree in Natural 
Resources Defense Council et al v. Browner (D.D.C. 89-2980, January 31, 
1992, as modified). Table 1 in the Plan listed deadlines for the rules, 
with a footnote explaining that EPA was discussing extensions to some 
deadlines with the plaintiffs. See 63 FR 47286.
    By court order dated November 18, 1998, the deadlines set forth in 
the Consent Decree for the Iron and Steel rule have been extended, to 
the dates noted below. The Agency has begun work on a new rulemaking 
project for the Construction and Development industry. The affected 
projects are listed in the following table.

             Modifications to Effluent Guidelines Deadlines
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                                                                Final
                   Category                       Proposal      action
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Iron and Steel Manufacturing..................        10/00         4/02
Construction and Development..................       *12/00        *2/02
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*EPA intends to pursue extensions to these deadlines.

Construction and Development Rule

    EPA's new rulemaking project for the Construction and Development 
industry follows the Agency's publication of a Preliminary Data Summary 
on Urban Storm Water Best Management Practices. (Publication number 
pending. The report will be available on the EPA website at http://
www.epa.gov/OST/stormwater). The regulations would apply to storm water 
discharges associated with construction activities, specifically for 
new development, as well as to those associated with re-development 
activities. The regulations would address storm water runoff from 
construction sites during the active phase of construction, as well as 
design considerations to minimize the adverse effects of post-
construction runoff. Entities potentially affected by this rulemaking 
would include land developers, home builders, builders of commercial 
and industrial property, and other private and public sector 
construction site owners and operators.
    EPA chose to begin development of effluent guidelines for the 
construction and development industry to support applicable state and 
local requirements for erosion and sediment controls and storm water 
best management practices (BMPs). State and local requirements vary 
widely, as does the performance of BMPs used. Sediment loadings from 
construction site discharges can be orders of magnitude higher than 
those associated with discharges from undisturbed areas. In addition, 
construction site runoff can contribute high loadings of nutrients and 
metals to receiving streams. Besides contributing pollutants, the 
increased runoff volumes and flow rates following development can cause 
significant degradation of receiving stream quality. Adverse impacts 
include: stream bed scouring and habitat degradation; shoreline erosion 
and stream bank widening; loss of fish populations and loss of 
sensitive aquatic species; increased frequency of downstream flooding; 
and aesthetic degradation.
    EPA intends to evaluate the inclusion of design and maintenance 
criteria as minimum requirements for a variety of BMPs which are used 
at construction sites to prevent or mitigate the impacts of storm water 
discharges on surface water quality. Current requirements for 
construction site BMPs vary around the United States, ranging from 
local erosion and sediment control programs with detailed site plan 
requirements and BMP specifications, to communities with few or no 
requirements.
    EPA also intends to develop effectiveness and applicability 
criteria for BMPs that are used to manage post-construction discharges. 
By incorporating more water-quality sensitive site design aspects 
during the planning phase of projects, the adverse impacts of post-
construction discharges can be minimized substantially.
    BMPs used during construction and development activities include 
temporary control measures, permanent control measures and low-impact 
land-use practices. Temporary control measures include sediment 
trapping devices (such as silt fences, vegetated filter strips and 
sediment basins) and erosion control devices (such as mulching, 
temporary re-vegetation, and application of erosion control mats and 
blankets). These measures are used primarily to prevent loss of soil 
during the active phase of construction. Permanent measures remain in 
place to manage runoff after completion of construction activities, and 
may include structural BMPs, such as extended detention wet ponds, 
constructed wetland systems, and sand filters. Low-impact development 
practices can be incorporated into a site design during the planning 
phase of the project, and may include restrictions on the amounts of 
impervious surfaces created, preservation of stream buffers and 
sensitive areas (such as natural wetlands and riparian corridors), 
restrictions on the disturbance of soil and vegetation, and maintenance 
of the natural infiltrative capacity of an area.
    EPA intends to consider the merits and performance of all 
appropriate management measures that can be used to reduce the adverse 
impacts of storm water discharges from construction and development 
activities. The Agency does not envision requirements for use of 
particular BMPs at specific sites, but plans to assist builders in BMP 
selection by publishing data on the performance

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to be expected of various BMP types. EPA hopes to build on the 
successes of some of the effective state and local programs currently 
in place around the country, and to establish nation-wide criteria to 
encourage improved BMP selection, design, implementation and 
maintenance. The effluent guidelines would also enhance the ``menu'' of 
municipal BMPs (associated with the proposed construction, as well as 
development and redevelopment ``minimum measures'') scheduled for 
release by the Agency under the NPDES ``Phase II'' storm water rule in 
2000.

Aquaculture Preliminary Study

    EPA conducts preliminary studies to evaluate existing information 
on wastewater discharges from industrial categories. The Agency has 
begun a study of Aquaculture, also known as fish farming, in response 
to comments received during the preparation of the 1998 Effluent 
Guidelines Plan.
    EPA will summarize available information on aquaculture wastewater 
characterization; waste collection, storage, and treatment systems; and 
management practices. The Agency will include information on industry 
demographics, trends and economics. EPA will also examine environmental 
impacts that are associated with wastewater from aquaculture operations 
and existing case studies of the costs and benefits of controls to 
mitigate these impacts. This information may be used to inform future 
decisions on the need to regulate wastewater discharges from this 
industry.

Stakeholder Involvement in Effluent Guidelines Projects

    EPA relies extensively on the participation of stakeholders as it 
develops effluent guidelines. The Agency will be identifying its 
information needs for the Construction and Development rule and the 
Aquaculture study, and will initiate a data sharing process that will 
actively involve interested participants from industry, citizen groups, 
state and local governments, other Federal agencies and researchers.
    EPA will conduct a public meeting on the Construction and 
Development rulemaking project on April 20, 1999, from 9:00 a.m. to 
12:00 noon, at the Voice of America Auditorium, Wilbur J. Cohen Federal 
Building, 300 block of C Street, SW (between 3rd and 4th Streets), 
Washington, DC. The closest Metro subway station is Federal Center, SW 
(2 blocks from the Auditorium). Limited public parking is available. 
Public garages are located at 301 4th St., SW; Virginia Ave. between 
3rd and 4th St., SW; and 6th St. at C St., S.W. Agency staff will 
provide background on the effluent guidelines development process and 
identify data needs. EPA will answer questions and all stakeholders can 
participate in an informal discussion as time allows. This meeting is 
not a public hearing and the Agency will not be accepting formal 
testimony.
    EPA welcomes suggestions on the development of effluent guidelines 
and preliminary studies. Internet web pages will be provided to explain 
the projects and distribute technical documents for review and comment. 
These web pages will be available through the Effluent Guidelines home 
page at http://www.epa.gov/OST/guide.

    Dated: March 23, 1999.
Tudor T. Davies,
Director, Office of Science and Technology.
[FR Doc. 99-7772 Filed 3-29-99; 8:45 am]
BILLING CODE 6560-50-P