[Federal Register Volume 67, Number 166 (Tuesday, August 27, 2002)]
[Notices]
[Pages 55012-55014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21750]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7268-5]


Effluent Guidelines Program Plan for 2002/2003

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Effluent Guidelines Program Plan.

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SUMMARY: Today's document announces EPA's Effluent Guidelines Program 
Plan for 2002/2003, which describes the Agency's ongoing effluent 
guidelines development efforts. Under the Clean Water Act (CWA), EPA 
establishes national regulations, termed ``effluent guidelines,'' to 
reduce pollutant discharges from industrial facilities to surface 
waters and publicly owned treatment works (POTWs). The Agency published 
a proposed plan on June 18, 2002 (67 FR 41417), and public comments on 
the proposed plan are discussed in today's notice. In addition, to 
prepare for the Effluent Guidelines Program Plan to be published in 
2004 (for years 2004/2005), the Agency invites the public to identify 
existing effluent guidelines that EPA should consider revising and to 
identify any industrial categories for which effluent guidelines should 
be promulgated.

EFFECTIVE DATE: September 26, 2002.

ADDRESSES: The public record for this notice has been established under 
docket number W-01-12. It is available for review in the EPA Water 
Docket, which is located in room B135 EPA West, 1301 Constitution 
Avenue, N.W. The docket is open from 9 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. To schedule an appointment to see 
Docket materials, please call (202) 566-2426. The EPA public 
information regulation (40 CFR part 2) provides that a reasonable fee 
may be charged for copying. Recommendations on possible effluent 
guideline revisions or new categories can be made to Patricia Harrigan 
by e-mail at [email protected], or Jan Matuszko by e-mail at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Patricia Harrigan at (202) 566-1666 or 
[email protected], or Jan Matuszko at (202) 566-1035 or 
[email protected].

SUPPLEMENTARY INFORMATION:  Outline of this Notice
I. Regulated Entities
II. Legal Authority
III. Effluent Guidelines Program Background
IV. Effluent Guidelines Program Plan for 2002/2003
V. Future of the Effluent Guidelines Program
    A. A Strategy for National Clean Water Industrial Regulations
    B. Solicitation of Stakeholder Recommendations
    VI. Public Comments

I. Regulated Entities

    Today's Effluent Guidelines Program Plan for 2002/2003 does not 
contain regulatory requirements. It identifies industrial categories 
for which EPA expects to develop or revise effluent limitations 
guidelines and standards (``effluent guidelines''), and sets forth the 
schedules for those rulemakings. Entities that could be affected by 
regulations developed under the schedules set forth in this Plan are 
shown in Table 1 below. One commenter stated that the Aquatic Animal 
Production effluent guideline may also affect federal- and state-run 
fish hatchery facilities. EPA agrees with the comment and the table has 
been updated to reflect this potential impact.

     Table 1.--Entities Potentially Affected by Forthcoming Effluent
                         Guidelines Regulations
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      Category of entity       Examples of potentially affected entities
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Industrial, Commercial, or     Metal Products and Machinery (including
 Agricultural.                  electroplating, metal finishing);
                                builders and developers engaged in
                                construction, development, and
                                redevelopment; Feedlots (swine, poultry,
                                dairy and beef cattle); Aquatic Animal
                                Production (fish hatcheries and farms);
                                and Meat Products (slaughtering,
                                rendering, packing, processing of red
                                meat and poultry); and Pulp and Paper
                                (dissolving mills).
Federal Government...........  Metal Products and Machinery (including
                                electroplating, metal finishing);
                                builders and developers engaged in
                                construction, development, and
                                redevelopment; Aquatic Animal
                                Production.
State and Tribal Government..  Metal Products and Machinery (including
                                electroplating, metal finishing);
                                builders and developers engaged in
                                construction, development, and
                                redevelopment; Aquatic Animal
                                Production.
Local Government.............  Metal Products and Machinery (including
                                electroplating, metal finishing);
                                builders and developers engaged in
                                construction, development, and
                                redevelopment.
------------------------------------------------------------------------

II. Legal Authority

    Today's document is published under the authority of section 304(m) 
of the CWA, 33 U.S.C. 1314(m).

III. Effluent Guidelines Program Background

    The CWA directs EPA to promulgate effluent limitations guidelines 
and standards for categories or subcategories of industrial point 
sources that, for most pollutants, reflect the level of pollutant 
control attained by the best available technologies economically 
achievable. 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 promulgated 
by EPA are implemented through 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, which are backed by State and Federal 
authorities. See CWA sections 307(b) and (c).
    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

[[Page 55013]]

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 section 
304(b)(2) or new source performance standards (NSPS) under section 306. 
Finally, under section 304(m)(1)(C), EPA must establish a schedule for 
the promulgation of effluent limitations guidelines under section 
304(b)(2) and NSPS for the categories identified under subparagraph (B) 
not later than three years after being identified in the section 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 CWA.
    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). The Plaintiffs and EPA agreed to a settlement of that 
action in a Consent Decree entered on January 31, 1992. The Consent 
Decree, as modified, established a schedule by which EPA will propose 
and take final action for eleven point source categories identified by 
name in the Decree, see Consent Decree, and for eight other point 
source categories identified only as new or revised rules, numbered 5 
through 12. See Consent Decree pars. 2(a), 4(a), and 5(a). 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 last date for EPA action under the Decree, as modified, is June 
2004. The Decree 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). The Consent Decree provides that section 304(m) plans 
issued under 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).

IV. Effluent Guidelines Program Plan for 2002/2003

    Today's Plan describes EPA's current effluent guidelines rulemaking 
activities. Table 2 identifies the new or revised effluent guidelines 
currently under development, and the schedules for proposal and final 
action.

        Table 2.--Effluent Guidelines Currently Under Development
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                                     Federal register
                                    citation (date) or     Final action
             Category                  deadline for            date
                                         proposal
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Metal Products and Machinery.....  66 FR 424 (Jan. 3,           12/31/02
                                    2001).
Concentrated Animal Feeding        66 FR 2959 (Jan. 12,         12/15/02
 Operations (poultry, swine,        2001).
 beef, and dairy subcategories).
Meat and Poultry Products........  67 FR 8582 (Feb. 25,            12/03
                                    2002).
Construction and Development.....  67 FR 42644 (Jun.               03/04
                                    24, 2002).
Aquatic Animal Production........  08/14/02............            06/04
Pulp, paper, and paperboard        58 FR 44078 (Dec.               09/04
 (dissolving kraft (Subpart A)      17, 1993).
 and dissolving sulfite (Subpart
 D)).
------------------------------------------------------------------------

    In previous Effluent Guideline Program Plans, EPA indicated its 
intention to take final action on its 1993 proposal to revise effluent 
guidelines for eight subcategories of the pulp, paper, and paperboard 
industry (Subparts C and F through L), referred to as Phase II. At this 
time, however, EPA is not planning to revise effluent guidelines for 
these subcategories for a variety of reasons. It appears that more 
stringent conventional pollutant limitations for these subcategories 
would not pass the Best Conventional Pollutant Control Technology 
``cost-reasonableness'' test, which is explained at 51 FR 24974 (July 
1986) for at least five and possibly up to seven of the eight 
subcategories, depending on which option is selected. In addition, EPA 
does not see the need at this time to promulgate national categorical 
best management practices for these subcategories. EPA expects that 
permitting authorities will continue to impose best management 
practices on a case-by-case basis, as appropriate, under 40 CFR 
122.44(k).
    As with all currently regulated industries, EPA will make the 
decision to move forward with data collection and analysis for all of 
these subparts (including possible guidelines revisions) following a 
broader priority-setting process the Agency is developing for its 
future effluent guidelines planning evaluations. EPA received only one 
comment on this issue, and the commenter supported the Agency's 
proposed decision not to revise effluent guidelines for these 
subcategories at this time.

V. Future of the Effluent Guidelines Program

    The 1992 Consent Decree will terminate in June, 2004 when EPA takes 
final action on the last effluent guideline covered in the Decree.

A. A Strategy for National Clean Water Industrial Regulations

    The termination of the Consent Decree offers EPA, interested 
stakeholders, and the public the chance to evaluate the existing 
program and to consider how national industrial regulations can best 
meet the needs of the broader National Clean Water Program in the years 
ahead. EPA is drafting a strategy setting forth a planning process by 
which EPA will conduct the review of national effluent guidelines and 
establish priorities to address the water quality challenges of the 
21st century.
    Integral to any planning process is the need to efficiently 
allocate scarce resources among competing priorities. This is 
particularly the case for EPA, which has the responsibility to assure 
that both public and private funds for regulatory compliance are spent 
to address the highest risks to human health and the environment. EPA 
also believes that its process for setting priorities must be 
transparent. In keeping with these goals, the draft strategy will 
describe how EPA will work with other interested parties to assess the 
risks posed by industrial discharges and to identify the best approach 
to address these risks (i.e., through effluent guidelines or other 
mechanisms). All of the commenters on the proposed Effluent Guidelines 
Program Plan that addressed this matter supported EPA's goal to develop 
a strategy for planning for the future of the effluent guidelines 
program, and encouraged EPA to engage a broad range of stakeholders in 
the planning process.

[[Page 55014]]

    EPA expects that development and implementation of this strategy 
will require a significant Agency investment in research, planning, and 
outreach. EPA's goal is to publish this draft strategy later this year, 
and the Agency will seek to engage a broad range of interested parties 
in a discussion on the draft strategy. EPA intends to use the process 
described in the strategy to identify additional effluent guidelines to 
address in the future.

B. Solicitation of Stakeholder Recommendations

    Several commenters on the proposed plan suggested specific existing 
guidelines that the Agency consider as candidates for revision, and 
suggested that the Agency consider specific industrial categories which 
may not have effluent guidelines as candidates for guideline 
development. Several commenters proposed criteria that EPA could use in 
deciding whether to revise an existing effluent guideline or to develop 
a new guideline, including consideration of specific pollutants of 
concern. A few commenters also suggested that the Agency consider 
alternate approaches to guideline development, such as assisting in the 
development of local limits to control pollutant discharges, and 
shifting its approach to address violations of water quality standards. 
EPA will consider these suggestions as input to the first step in the 
planning process for the Effluent Guidelines Program Plan for 2003/
2004.
    As recommended by the Effluent Guidelines Task Force, the Agency 
believes that an important first step in the planning process is to 
consult with NPDES-authorized states, pretreatment control authorities, 
and professional associations to obtain their recommendations 
pertaining to revising existing effluent guidelines and targeting 
industries for new guidelines. These stakeholders can help to identify 
water quality concerns related to industrial categories as well as 
changes in industries which affect the administration and effectiveness 
of existing regulations. EPA recognizes that there are other 
stakeholders who may have concerns or data indicating the need for new 
or revised regulations. Therefore, to prepare for the Effluent 
Guidelines Program Plan to be published in 2004 (for years 2004/2005), 
the Agency invites the public to identify and provide supporting data 
and/or rationales on existing effluent guidelines that EPA should 
consider revising, or on any industrial categories for which the Agency 
should consider developing new effluent guidelines.

VI. Public Comments

    EPA accepted public comments on the Proposed Effluent Guidelines 
Program Plan for 2002/2003 through July 18, 2002. The Agency received 
nine comments from a variety of commenters including industry, 
metropolitan sewerage agencies, a trade association, environmental 
groups, and a federal agency. 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.

    Dated: August 21, 2002.
G. Tracy Mehan, III,
Assistant Administrator for Water.
[FR Doc. 02-21750 Filed 8-26-02; 8:45 am]
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