[Federal Register Volume 65, Number 170 (Thursday, August 31, 2000)]
[Notices]
[Pages 53008-53013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22383]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6862-7]
RIN 2040-AC20


Effluent Guidelines Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of effluent guidelines plan.

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SUMMARY: Today's notice describes the Agency's ongoing effluent 
guidelines development efforts and announces EPA's plan for developing 
new and revised effluent guidelines, which regulate industrial 
discharges to surface Water Act requires EPA to publish an Effluent 
Guidelines Plan every two years. The Agency published a proposed plan 
on June 16, 2000, and public comments on the proposed plan are 
discussed in today's notice.

EFFECTIVE DATE: October 2, 2000.

ADDRESSES: The public record for this notice is available for review in 
the EPA Water Docket, Room EB 57 East Tower, 401 M St., S.W., 
Washington, D.C. from 9 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. Please call (202) 260-3027 to schedule an 
appointment to see Docket materials. The EPA public information 
regulation (40 CFR part 2) provides that a reasonable fee may be 
charged for copying.

FOR FURTHER INFORMATION CONTACT: James Lund, Engineering and Analysis 
Division (4303); telephone (202) 260-7811.

SUPPLEMENTARY INFORMATION:

Outline of This Notice

I. Regulated Entities
II. Legal Authority
III. Introduction
IV. Effluent Guidelines Program Background
V. Effluent Guideline Regulations Promulgated Since the Proposed 
Plan
VI. Today's Effluent Guidelines Plan
    A. Rulemaking Activities Started in 1999
    B. Effluent Guidelines Currently Under Development
    C. Summary of Changes from the Proposed Plan
VII. Future Direction of the Effluent Guidelines Program
    A. Ways to Identify Industries for Future Effluent Guidelines 
Development
    1. Targeting the Most Significant Environmental Problems

[[Page 53009]]

    2. Targeting Industry Sectors That May Be Candidates for 
Pollution Prevention and Multi-Media Rule Making
    3. Targeting Sources That Are Difficult to Permit
    B. Involving Stakeholders in the Year 2002 Section 304(m) Plan
VIII. Public Comments Received on the June 16, 2000 Notice
IX. Economic Impact Assessment; Executive Order 12866

I. Regulated Entities

    Today's plan does not contain regulatory requirements. Rather, it 
identifies industrial categories that EPA has already chosen for new or 
revised effluent guidelines regulation and sets forth the schedules for 
those rulemaking efforts. Entities that could be affected by the 
forthcoming effluent limitations guidelines and standards identified in 
this plan are:

 
------------------------------------------------------------------------
                                               Examples of potentially
            Category of entity                    affected entities
------------------------------------------------------------------------
Industry/commercial/agriculture...........  Pulp, Paper and Paperboard;
                                             Synthetic-Based Drilling
                                             Fluids (oil and gas
                                             production); Centralized
                                             Waste Treatment; Metal
                                             Products and Machinery
                                             (including electroplating,
                                             metal finishing); Iron and
                                             Steel Manufacturing; Coal
                                             Mining; builders and
                                             developers engaged in
                                             construction, development,
                                             and redevelopment; Feedlots
                                             (swine, poultry, dairy and
                                             beef cattle); Aquatic
                                             Animal Production (fish
                                             hatcheries and farms); Meat
                                             Products (slaughtering,
                                             rendering, packing, and
                                             processing of red meat and
                                             poultry).
Federal Government........................  Metal Products and Machinery
                                             (including electroplating,
                                             metal finishing); builders
                                             and developers engaged in
                                             construction, development,
                                             and redevelopment.
State Government..........................  Metal Products and Machinery
                                             (including electroplating,
                                             metal finishing); builders
                                             and developers engaged in
                                             construction, development,
                                             and redevelopment.
Local Government..........................  Metal Products and Machinery
                                             (including electroplating,
                                             metal finishing); builders
                                             and developers engaged in
                                             construction, development,
                                             and redevelopment.
------------------------------------------------------------------------

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

    On June 16, 2000, EPA published a notice containing the Agency's 
proposed section 304(m) plan for 2000 (65 FR 37783). In that notice, 
EPA also outlined a preliminary framework by which EPA, working with 
its State partners, the regulated community, and concerned citizens, 
can build upon the successes of its effluent guidelines program for the 
next decade and beyond.
    Today's notice announces the Agency's final section 304(m) plan for 
2000 and discusses comments received both on the proposed section 
304(m) plan for 2000 and on the framework for developing future 304(m) 
plans.

IV. Effluent Guidelines Program Background

    With the 1972 passage of the landmark Clean Water Act (CWA), EPA 
was charged with developing effluent limitations guidelines and 
standards that would provide a minimum, technology-based threshold for 
ongoing improvements in effluent quality. The legislative history of 
CWA section 304(b), which is the heart of the effluent guidelines 
program, describes the need to press toward higher levels of control 
through research and development of new processes, modifications, 
replacement of obsolete plans and processes, and other improvements in 
technology, taking into account the cost of controls.
    The Clean Water Act directs EPA to promulgate effluent limitations 
guidelines and standards that, for most pollutants, reflect the level 
of pollutant control achievable by the best available technologies 
economically achievable for categories or subcategories of industrial 
point sources. See CWA sections 301(b)(2), 304(b), 306, 307(b), and 
307(c). For point sources that introduce pollutants directly into the 
Nation's waters (i.e., direct dischargers), the limitations and 
standards promulgated by EPA are implemented in National Pollutant 
Discharge Elimination System (NPDES) permits. See CWA sections 301(a), 
301(b), and 402. For sources that discharge to POTWs (i.e., indirect 
dischargers), EPA promulgates pretreatment standards that apply 
directly to those sources and are enforced by POTWs backed by State and 
Federal authorities. See CWA sections 307(b) and (c).
    To date, EPA has promulgated effluent limitations guidelines for 
more than 50 industrial categories affecting approximately 30,000 
facilities that discharge directly to the Nation's waters. If EPA 
includes pretreatment controls for sources that discharge into publicly 
owned treatment works (POTWs), EPA's effluent limitations guidelines 
and standards regulate the effluent from approximately 45,000 
facilities. These regulations accomplish water quality improvements 
through affordable, cost-effective controls. By requiring cleaner 
industrial operations, these regulations help to ensure that the 
economic advances that result from industrial expansion are compatible 
with a clean environment and an improved quality of life.
    Section 304(m) requires EPA to publish a plan every two years that 
consists of three elements. First, under section 304(m)(1)(A), EPA is 
required to establish a schedule for the annual review and revision of 
existing effluent guidelines in accordance with section 304(b). Section 
304(b) applies to effluent limitations guidelines for direct 
dischargers and requires EPA to revise such regulations as appropriate. 
Second, under section 304(m)(1)(B), EPA must identify categories of 
sources discharging toxic or nonconventional pollutants for which EPA 
has not published effluent limitations guidelines under 304(b)(2) or 
new source performance standards (NSPS) under section 306. Finally, 
under 304(m)(1)(C), EPA must establish a schedule for the promulgation 
of effluent limitations guidelines under 304(b)(2) and NSPS for the 
categories identified under subparagraph (B) not later than three years 
after being identified in the 304(m) plan. Section 304(m) does not 
apply to pretreatment standards for indirect dischargers, which EPA 
promulgates pursuant to sections 307(b) and 307(c) of the Clean Water 
Act.
    On October 30, 1989, Natural Resources Defense Council, Inc., and 
Public Citizen, Inc., filed an action against EPA in which they 
alleged, among other things, that EPA had failed to comply with CWA 
section 304(m). Plaintiffs and EPA agreed to a settlement of that 
action in a consent decree entered on January 31, 1992. The consent 
decree, which has been modified several times, established a schedule 
by which EPA is to propose and take final action for eleven point 
source categories identified by name in the decree, see Consent Decree, 
pars. 2(a) and 4(a), and for eight other point source categories 
identified only as new or revised rules, numbered 5 through 12, see 
Consent Decree par. 5(a).

[[Page 53010]]

    The last date for EPA action under the decree, as modified, is June 
2004. The decree also established deadlines for EPA to complete studies 
of eight identified and three unidentified point source categories. See 
Consent Decree, par. 3(a). The decree further provides that the 
foregoing requirements shall be set forth in EPA's section 304(m) 
plans. See Consent Decree, pars. 3(a), 4(a), 5(a). Under the decree, 
EPA is directed to use the studies as well as other available 
information to select the eight point source categories for which EPA 
has agreed to issue new or revised rules under paragraph 5(a). Finally, 
the consent decree provides that section 304(m) plans issued subsequent 
to the decree that are consistent with its terms shall satisfy EPA's 
obligations under section 304(m) with respect to the publication of 
such plans. See Consent Decree, par. 7(b).
    The decree also required EPA to establish an Effluent Guidelines 
Task Force to make recommendations for improvements to the effluent 
guidelines program. See Consent Decree, par. 8. EPA did so in 1992. The 
Task Force, which was created to offer advice to the EPA Administrator 
on a process for expediting the promulgation of effluent guidelines, 
among other topics, consists of members appointed by the Agency from 
industry, citizen groups, state and local governments, the academic and 
scientific communities, and EPA's Office of Research and Development. 
It is a subcommittee of the National Advisory Committee for 
Environmental Policy and Technology, which is chartered under the 
Federal Advisory Committee Act, 5 U.S.C. App. 2. The Task Force has 
held several public meetings each year since 1992 and has submitted 
recommendations to the EPA Administrator.

V. Effluent Guideline Regulations Promulgated Since the Proposed 
Plan

    Since the June 16, 2000 publication of the proposed plan, EPA 
published on August 14, 2000 a final rule for the Transportation 
Equipment Cleaning Industry (65 FR 49666).

VI. Today's Effluent Guidelines Plan

A. Rulemaking Activities Started in 1999

    EPA estimates that effluent guidelines are responsible for 
preventing the discharge of more than a billion pounds of toxic 
pollutants each year. While EPA is very proud of this accomplishment, 
we recognize that water quality problems have not been eliminated. 
Despite successes in reducing water pollution, approximately 40 percent 
of the waters assessed by States, Tribes, and other jurisdictions do 
not meet State or Tribal water quality standards. As reported by 
States, Tribes, and other jurisdictions in their 1998 section 305(b) 
water quality assessments, approximately 291,000 miles of rivers and 
streams and 7.9 million acres of lakes are impaired. In addition, 
States identified more than 20,000 impaired waterbodies in their 1998 
section 303(d) lists of impaired waters. The overwhelming majority of 
Americans live within ten miles of a polluted waterbody. The pollutants 
most frequently identified as causing water impairment are siltation, 
excess nutrients, and harmful pathogens. Several effluent guidelines 
are currently underway to help address siltation and nutrient problems, 
and, to a lesser extent, pathogens. In the proposed plan, EPA announced 
efforts that were initiated in late 1999 to develop new or revised 
regulations for the meat products and aquatic animal production 
industries, both sources of nutrients to this Nation's waters.
    EPA received no comments on the Agency's selection of the meat 
products industry. However, EPA received many comments on its decision 
to examine and develop effluent guidelines for the aquatic animal 
production industry. (EPA had originally used the term Aquaculture to 
describe this industry. However, EPA has since recognized that the term 
Aquatic Animal Production better reflects the operations that EPA 
expects will be subject to the forthcoming effluent guidelines.) Some 
of the comments argued against EPA's decision to regulate aquatic 
animal production; others supported EPA's decision. Commenters on both 
sides of the aquatic animal production regulation issue offered to work 
with EPA in the development of any aquatic animal production effluent 
guidelines. EPA is discussing the tasks and information necessary to 
develop an aquatic animal production rule with the Joint Subcommittee 
on Aquaculture's (JSA's) Aquaculture Effluents Task Force, which 
consists of representatives from trade associations, academia, federal 
and state agencies, professional socities, and non-governmental 
organizations. EPA welcomes the assistance of all interested parties in 
the development of the guidelines and will provide a number of 
opportunities for further involvement as we proceed with the studies 
necessary to develop the regulation.
    The aquatic animal production industry was first studied by EPA in 
1974 and has operated under guidance issued in 1977. EPA chose to issue 
guidance in the late 1970s rather than promulgate a regulation at that 
time in order to focus resources on other industries that EPA regarded 
as higher priorities for the regulation of toxic pollutants.
    As in the 1998 304(m) plan, EPA is beginning new efforts to address 
classes of pollutants that continue to cause water quality impairments, 
specifically nutrients and organic pollutants. In their 1998 305(b) 
reports, 13 States identified aquaculture operations as sources 
contributing to water quality impairments, due largely to nutrients and 
organic enrichment (low dissolved oxygen impacts). EPA's guidance was 
insufficient for many State permitting efforts; it reflected neither 
the growth in the industry, nor the significant technological advances 
that have been made. Several States expressed interest in more current 
technical assistance and support, including a detailed analysis of the 
industry, its processes, controls, and financial ability to improve its 
environmental performance. EPA's decision to begin developing effluent 
guidelines for this industry reflects the Agency's commitment to launch 
the scientific study, data collection, and public involvement necessary 
to make that happen.
    All of the comments which EPA received concerning aquatic animal 
production, along with EPA's responses to the comments, are in the 
public record for today's notice. EPA will also forward the comments to 
the record for the aquatic animal production rule and consider them 
during that rule making.
    We look forward to working with the U.S. Department of Agriculture 
and all other interested parties in obtaining the most accurate, up-to-
date information on which to base EPA's rulemaking decisions.

B. Effluent Guidelines Currently Under Development

    The status of the regulations for new or revised effluent 
guidelines are set forth in Table 1.

[[Page 53011]]



                            Table 1.--Effluent Guidelines Currently Under Development
----------------------------------------------------------------------------------------------------------------
                                            Federal Register cite or date
                Category                  for Administrator's signature on          Final action date \1\
                                                 proposed regulation
----------------------------------------------------------------------------------------------------------------
Centralized waste treatment.............  60 FR 5464 (Jan. 27, 1995); 64    8/31/00
                                           FR 2279 (Jan. 13, 1999).
Synthetic-based drilling fluids (oil and  64 FR 5487 (Feb. 3, 1999).......  12/00
 gas production).
Coal mining.............................  65 FR 19439 (Apr. 11, 2000).....  12/01
Iron and steel manufacturing............  10/00...........................  4/02
Metal products and machinery, Phases I    60 FR 28209 (May 30, 1995)--      12/02
 and II.                                   Phase I only; 10/00 (Phase I
                                           and II).
Construction and development............  3/02............................  3/04
Feedlots (poultry, swine, beef, and       12/15/00........................  12/15/02
 dairy subcategories).
Pulp, paper, and paperboard, Phases 2 &   58 FR 66078 (Dec. 17, 1993).....  2000-2002
 3.
Meat products...........................  12/01...........................  12/03
Aquatic animal production...............  6/30/02.........................  6/30/04
----------------------------------------------------------------------------------------------------------------
\1\ The dates shown are final action dates for all but Centralized Waste Treatment (CWT) and Pulp and Paper.
  Final action dates are the dates of signature by the Administrator on a final regulation or a final decision
  not to establish or modify an effluent guideline. For CWT, the date shown is the date of transmitting the
  final regulation to the Federal Register. For Pulp and Paper, the date represents an approximation.

C. Summary of Changes from the Proposed Plan

    Today's Effluent Guidelines Plan is substantively the same as the 
proposed plan. However, the Transportation Equipment Cleaning Effluent 
Guideline, shown in the proposed plan as ``currently under 
development'' is now presented in today's plan as a regulation that was 
promulgated since the proposed plan. In addition, some clarifications 
were made in today's plan in response to comments received on the 
proposed plan. In particular, clarifications were made in the 
discussion of the selection of aquatic animal production as one of the 
industries selected for regulation. More information about the public 
comments submitted on the June 16, 2000 notice is provided below in 
Section VIII.

VII. Future Direction of the Effluent Guidelines Program

    The effluent guidelines program is one of EPA's most successful 
environmental protection programs. EPA develops performance standards 
based on demonstrated technologies that are affordable for the 
regulated industry as a whole. Supported by sound data and analysis, 
the effluent guidelines program strives for the greatest pollutant 
reductions that can be economically achieved within the regulated 
community. In setting performance standards, EPA considers pollution 
prevention approaches in addition to more traditional treatment 
technologies, with the result that the air and soil also benefit from 
wastewater regulations.
    Moreover, this program gives the regulated community considerable 
flexibility in achieving the performance standards. Thus, dischargers 
are encouraged to develop less expensive alternatives to comply with 
the performance standards than the model technologies or processes 
identified by the Agency. Invariably, the more cost-effective 
technologies and processes often become the industry norm--in this way 
yielding even greater environmental results at lower cost than 
contemplated by the regulation itself.
    In the future, the effluent guidelines program will evolve to face 
new challenges. New or revised effluent guidelines can help solve the 
serious water quality problems still remaining in the Nation's 
waterways, which are most frequently caused by excess nutrients, 
sedimentation, pathogens, metals, and toxic pollutants. Also, more 
stringent levels of pollution reduction are now economically achievable 
in some industrial categories or subcategories due to the emergence of 
new or innovative pollution control technologies. To help plan for the 
future, EPA plans to use the section 304(m) planning process 
established by the Clean Water Act to expand its dialogue with the 
interested public regarding how to use the effluent guidelines program 
to achieve the greatest environmental benefits.
    As discussed above, section 304(m)(1) requires EPA every two years 
to identify industry categories for new or revised regulations and to 
establish a schedule for final action on those rules. Consistent with 
the consent decree pertaining to section 304(m), EPA discharged this 
duty in December 1999 when it identified Aquatic Animal Production and 
Meat Products as categories for new effluent guidelines and established 
schedules for those rules. The 2000 section 304(m) plan reports that 
action. Now, EPA is beginning the process for developing its section 
304(m) plan for the year 2002.
    In the June 16, 2000 notice, EPA proposed a framework for 
developing future 304(m) plans. That proposed framework included (1) 
ways to identify industries for future effluent guidelines development 
and (2) a strategy for involving stakeholders in the development of the 
next 304(m) plan.

A. Ways To Identify Industries for Future Effluent Guidelines 
Development

    In the June 16, 2000 notice, EPA stated that criteria for selecting 
industrial categories for new or revised effluent guidelines will be 
critical to our 2002 section 304(m) plan development. In that notice, 
EPA proposed selecting industries for effluent guideline development by 
targeting the most significant environmental problems, by targeting 
industry sectors that may be candidates for pollution prevention and 
multi-media rule making, and by targeting industries that are difficult 
to permit.
1. Targeting the Most Significant Environmental Problems
    In the June 16, 2000 notice, EPA identified three currently 
available sources of information that EPA might consider using in the 
future to help determine the most significant environmental problems 
and, thus, possible industrial categories for further examination. 
(These data sources would not be used as the basis for any proposed 
regulations.)
    First, EPA's Office of Pollution Prevention and Toxics has 
developed a risk-related model called the ``Risk-Screening 
Environmental Indicators'' (RSEI). This model can be used to perform 
screening-level analyses of the potential risk-related, chronic human 
health impacts associated with releases reported in the Toxic Release 
Inventory.
    Second, pursuant to section 303(d) of the Clean Water Act and EPA's 
implementing regulations, States must identify waters where technology-
based effluent limitations and other pollution control requirements are 
not stringent

[[Page 53012]]

enough to implement applicable water quality standards for such waters. 
These section 303(d) lists of waters identify the pollutants and, where 
possible, the source categories that may be responsible for the water 
quality impairments.
    Third, pursuant to section 305(b) of the Clean Water Act, States, 
Tribes, and other jurisdictions report on the quality of their waters 
every two years, including information on pollutants and sources of 
pollution.
    As stated in the June 16, 2000 notice, EPA notes that there is no 
overlap between the categories ranking highest using the RSEI risk-
related model and the categories listed by the States as contributing 
to siltation, nutrients, and pathogens. This finding is not 
particularly surprising because the assessment factors differ, e.g., 
chronic human health impacts in the case of the RSEI model, in contrast 
to emphases on aquatic ecosystem health as well as other designated use 
impairments, in the case of the section 303(d) lists and 305(b) 
reports.
    EPA received comments on the use of these data sources identified 
in the June 16, 2000 notice. The comments pointed out the limitations 
of these potential sources of information. EPA is aware of the 
limitations of each of these sources of data, including--in the case of 
303(d) lists and 305(b) reports--the uncertainty in some instances 
whether the impairments cited are due to nonpoint sources or point 
sources, as well as the broad range of information used by the States 
in making these assessments (each with varying degrees of data 
quality). EPA is also aware that, despite significant improvements to 
the Risk-Screening Environmental Indicators model in the past three 
years, we must exercise caution in using it for industry selection 
purposes. EPA plans to continue the current practice of evaluating and 
using other readily-available information to corroborate the findings 
of these data sources in determining which industrial categories 
warrant further examination.
    EPA also received the comment that only States, EPA, or the 
regulated entities should be authorized to submit effluent samples in 
the effluent guidelines process. As a general principle, EPA notes that 
it is open to considering any data that are relevant and reliable and 
that meet the Agency's rigorous quality assurance and quality control 
standards. EPA also understands that single-source data should 
sometimes not be used absent other corroborating information.
    EPA will consider all of these comments, in consultation with 
interested stakeholders, as it proceeds with its section 304(m) 
planning process described in Section VII.B. below. In addition, 
although EPA did not receive any comments identifying any other data 
sources that might assist in targeting the most significant 
environmental problems, we remain open to suggestions of data sources 
that may be of better quality for our purposes.
2. Targeting Industry Sectors That May Be Candidates for Pollution 
Prevention and Multi-Media Rule Making
    As stated in the June 16, 2000 notice, through its sector-based 
activities, such as the Common Sense Initiative, EPA recognizes that 
addressing all environmental concerns from an industry sector 
concurrently can improve pollution prevention, resulting in better 
environmental results at lower cost than addressing the environmental 
releases one media at a time. EPA's Task Force on Coordinated 
Rulemaking, which was created to identify and initiate sector-based 
rule makings that would benefit from a cross-Agency, multi-program 
coordinated effort, is one attempt to capitalize on this concept. The 
Task Force on Coordinated Rulemaking is one source of information on 
possible sectors for future effluent guidelines development.
    Another source is EPA's Integrated Urban Strategy of the National 
Air Toxics Program. Although this strategy presents a framework for 
reducing air toxics (i.e., hazardous air pollutants) in urban areas, 
many of the sources that have been identified contribute pollutants to 
the water environment as well. The link between wastewater treatment 
and air emissions, like the link between air emission treatment and 
wastewater, may point to a coordinated approach for addressing the 
highest risk sources. Further coordination in this area is pending the 
results of the National Air Quality Assessment that is currently 
underway.
    One commenter, in support of determining whether efforts being 
undertaken in other EPA offices might influence effluent guidelines, 
suggested that EPA consider the findings of the Surface Impoundment 
Study being conducted by the Office of Solid Waste. This study, when 
completed, may indicate a need to amend both solid waste and water 
regulations. Given the inter-related nature of pollutant control by the 
various media offices under various enabling statutes, resolving 
environmental problems often requires adjustments of several 
regulations concurrently. EPA recognizes that changes are sometimes 
needed, not only to assure effectiveness, but also to avoid conflicting 
restrictions between programs.
    In a similar vein, EPA is currently examining potential risks from 
Class V injection wells used by a wide variety of commercial and 
industrial sources. Although not regulated by effluent guidelines, EPA 
is beginning to consider how new effluent guidelines may impact the use 
of Class V injection wells by the regulated industry. EPA hopes that by 
sharing information between these programs and coordinating these 
efforts, environmental problems can be solved, not shifted.
3. Targeting Sources That Are Difficult To Permit
    As noted in the June 16, 2000 notice, effluent limitations 
guidelines establish nationally applicable standards that are 
implemented through NPDES discharge permits issued by authorized States 
and Tribes or EPA. In the absence of these regulations, permit writers 
must determine technology-based limitations using their best 
professional judgment. Our State and Tribal regulatory partners are 
some of the best sources of information about the adequacy and coverage 
of existing effluent limitations guidelines. States and Tribes helped 
to identify many of the sectors for which effluent guidelines are 
currently being developed or revised.
    For example, one comment received on the June 16 notice suggested 
that EPA revisit the Metal Molding and Casting Effluent Guideline in 
the near future because of certain current problems in regulating this 
industrial category. The Agency is considering this comment and will 
use this industry as a specific example for discussion in the upcoming 
stakeholder process.

B. Involving Stakeholders in the Year 2002 Section 304(m) Plan

    As presented in the June 16, 2000 notice, EPA also proposed an 
approach for involving stakeholders in the development of the 2002 
section 304(m) plan.
    As EPA looks forward to the 2002 section 304(m) plan, industry 
selection criteria will be critical. To help prepare the plan, EPA 
plans to engage all interested parties in a dialogue. EPA is interested 
in discussing not only the factors that would indicate which industrial 
categories would provide the greatest environmental benefit if subject 
to new or revised effluent guidelines but also the sources of data by 
which to evaluate those factors.
    EPA plans to seek the views of as many interested persons as 
possible, with particular emphasis on individuals

[[Page 53013]]

and organizations associated with industry, environmental interest 
groups, and State, Tribal, and local governments. EPA will reach out to 
interested stakeholders primarily by attending and, where possible, 
participating in meetings and conferences sponsored by members of those 
communities, as well as through its Web site (http://www.epa.gov/ost) 
and less formal meetings.
    The Agency has already launched this dialogue through discussions 
with the Effluent Guidelines Task Force, whose membership reflects a 
variety of stakeholder viewpoints. Members of the Effluent Guidelines 
Task Force have also agreed to assist EPA in this stakeholder outreach 
effort.
    At this point, EPA envisions that this stakeholder outreach will 
culminate in a one or two day highly focused national meeting of 
interested stakeholders this winter. In addition to a discussion of 
factors for industry selection criteria and information sources by 
which to evaluate those factors, EPA also seeks a discussion on whether 
EPA's procedures for implementing the requirements of section 304(m), 
including the process for selecting industrial categories for new or 
revised effluent guidelines, should be codified in federal regulations. 
Relevant to that discussion will be comments EPA received on the June 
16, 2000 notice that suggested that not only are such regulations not 
warranted but also they could be counter-productive to efficient Agency 
management of its resources and could restrict the Agency's ability to 
consider other relevant information in the selection process. EPA plans 
to discuss this further with as many stakeholders as possible. The 
Effluent Guidelines Task Force has indicated its willingness to work 
with EPA in conducting stakeholder outreach and refining our 304(m) 
planning process.
    Finally, as noted in the June 16, 2000 notice, EPA plans to issue a 
final section 304(m) plan in February 2002. EPA will use the outcome of 
the stakeholder outreach effort in developing this plan.

VIII. Public Comments Received on the June 16, 2000 Notice

    EPA accepted public comments on the Proposed Plan through July 17, 
2000. The Agency received comments from a variety of commenters 
including industry and agriculture, environmental groups, States, 
academia, and engineering consulting firms. Many of the comments 
received have been discussed in the text of today's notice. The 
administrative record for today's notice includes a complete set of all 
of the comments submitted as well as the Agency's responses.

IX. Economic Impact Assessment; Executive Order 12866

    Today's notice announces a plan for the review and revision of 
existing effluent guidelines and for the selection of priority 
industries for new regulations. This notice is not a ``rule'' subject 
to 5 U.S.C. 553 and does not establish any requirements; therefore, EPA 
has not prepared an economic impact assessment. EPA will provide 
economic impact analyses, regulatory flexibility analyses, or 
regulatory impact assessments, as appropriate, for all of the future 
effluent guideline rule makings developed by the Agency.
    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 24, 2000.
J. Charles Fox,
Assistant Administrator for Water.
[FR Doc. 00-22383 Filed 8-30-00; 8:45 am]
BILLING CODE 6560-50-P