[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-12101] [[Page Unknown]] [Federal Register: May 18, 1994] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Ch. I [FRL-4886-1] RIN 2040-AC90 Effluent Guidelines Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed effluent guidelines plan. ----------------------------------------------------------------------- SUMMARY: Today's notice announces the Agency's proposed 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. The Agency requests comment on the proposal and will publish a final plan following the close of the comment period. DATES: Comments must be received on or before June 17, 1994. ADDRESSES: Comments should be submitted in writing to: Eric Strassler, Engineering and Analysis Division (4303), U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460. 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. Preliminary Data Summaries referred to in this notice may be obtained from the distributors listed in appendix C. FOR FURTHER INFORMATION CONTACT: Eric Strassler, Engineering and Analysis Division (address above), telephone 202-260-7150. SUPPLEMENTARY INFORMATION: I. Legal Authority II. Introduction A. Purpose of Today's Notice B. Overview of Today's Notice III. Effluent Guidelines Program Background A. Statutory Framework B. Components of an Effluent Guideline Regulation C. Development of Effluent Guideline Regulations D. NRDC Litigation and Consent Decree IV. Today's Proposed Effluent Guidelines Plan A. Effluent Guidelines Currently Under Development 1. Schedule for Ongoing Rulemaking 2. Change in Category Names: Waste Treatment B. Process for Selection of New Effluent Guideline Regulations 1. Selection Criteria and Data Sources a. Selection Criteria b. Data Sources 2. Selection of Categories for Future Rulemaking C. Preliminary Studies 1. Ongoing Studies a. Petroleum Refining b. Metal Finishing c. Textile Mills d. Inorganic Chemicals e. Steam Electric Power Generating f. Iron and Steel Manufacturing 2. Future Studies a. Pulp, Paper and Paperboard b. Other Categories 3. Recommendations of the Effluent Guidelines Task Force a. Data Sources b. Criteria for Selecting Industries for Preliminary Studies D. Other Rulemaking Actions V. Request for Comments VI. Economic Impact Assessment; OMB Review Appendix A--Promulgated Effluent Guidelines Appendix B--Current and Future Rulemaking Projects Appendix C--Completed Preliminary Studies Appendix D--Current Preliminary Studies I. 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), which provides as follows: Schedule for Review of Guidelines. (1) Publication.--Within 12 months after the date of the enactment of the Water Quality Act of 1987, and biennially thereafter, the Administrator shall publish in the Federal Register a plan which shall-- (A) establish a schedule for the annual review and revision of promulgated effluent guidelines, in accordance with subsection (b) of this section; (B) identify categories of sources discharging toxic or nonconventional pollutants for which guidelines under subsection (b)(2) of this section and section 306 have not previously been published; and (C) establish a schedule for promulgation of effluent guidelines for categories identified in subparagraph (B), under which promulgation of such guidelines shall be no later than 4 years after such date of enactment for categories identified in the first published plan or 3 years after the publication of the plan for categories identified in later published plans. (2) Public Review.--The Administrator shall provide for public review and comment on the plan prior to final publication. II. Introduction A. Purpose of Today's Notice Today's notice announces the Agency's proposed biennial plan pursuant to sec. 304(m). EPA invites the public to comment on the proposed plan, and following the close of the comment period the Agency will publish a final plan. B. Overview of Today's Notice The Agency proposes to develop effluent limitation guidelines and standards (``effluent guidelines'') as follows: 1. Continue development of nine rules listed in the 1992 Effluent Guidelines Plan (57 FR 41000, September 8, 1992). The categories are: Pulp, Paper and Paperboard; Pesticide Chemicals (Formulating and Packaging); Coastal Oil and Gas Extraction; Centralized Waste Treatment (formerly called Waste Treatment, Phase 1); Pharmaceutical Manufacturing: Metal Products and Machinery, Phase 1; Landfills and Incinerators (formerly called Waste Treatment, Phase 2); Industrial Laundries; and Transportation Equipment Cleaning. 2. Begin development of effluent guidelines for the Metal Products and Machinery category, Phase 2. 3. Continue to initiate approximately two preliminary studies per year 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. Plan for development of eight additional effluent guidelines, either new or revised, between 1996 and 2003. The point source categories to be covered by these guidelines will be identified in future biennial Effluent Guidelines Plans. EPA would begin development of two rules each year from 1996 to 1999, with proposed rules published between 1998 and 2001, and final action taken between 2000 and 2003 respectively. III. Effluent Guidelines Program Background A. Statutory Framework The Federal Water Pollution Control Act (FWPCA) of 1972 (Pub. L. 92-500, Oct. 18, 1972) (the ``Act'') established a program to restore and maintain the integrity of the nation's waters. To implement the Act, Congress directed EPA to issue effluent limitation guidelines, pretreatment standards, and new source performance standards for industrial dischargers. These regulations were to be based principally on the degree of effluent reduction attainable through the application of control technologies. The approach includes limitations based on Best Practicable Control Technology (BPT), Best Available Technology Economically Achievable (BAT), Best Conventional Pollutant Control Technology (BCT), New Source Performance Standards (NSPS), Pretreatment Standards for Existing Sources (PSES), and Pretreatment Standards for New Sources (PSNS). The limitations and standards are implemented in permits issued through the National Pollutant Discharge Elimination System (NPDES) pursuant to sec. 402 of the Act for point sources discharging directly to the waters of the United States. Although the limitations are based on the performance capability of particular control technologies, including in some cases in-process controls, dischargers may meet their requirements using whatever combination of control methods they choose, such as manufacturing process or equipment changes, product substitution, and water re-use and recycling. Categorical pretreatment standards are applicable to indirect dischargers--those facilities that discharge into publicly owned treatment works (POTWs). The 1977 amendments to FWPCA, known as the Clean Water Act Amendments (Pub. L. 95-217, Dec. 27, 1977) (CWA), added an additional level of control for conventional pollutants such as biochemical oxygen demand (BOD) and total suspended solids (TSS), and stressed additional control of 65 toxic compounds or classes of compounds (from which EPA later developed a list of 126 specific ``priority pollutants''). To further strengthen the toxics control program, sec. 304(e), added by the 1977 amendments, authorized the Administrator to establish management practices to control toxic and hazardous pollutants in plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw material storage. The effluent guidelines promulgated by EPA reflect the several levels of regulatory stringency specified in the Act, and they also focus on different types of pollutants. Section 301(b)(1)(A) directs the achievement of effluent limitations requiring application of BPT. In general effluent limitations based on BPT represent the average of the best treatment technology performance for an industrial category. For conventional pollutants listed under sec. 304(a)(4), sec. 301(b)(2)(E) directs the achievement of effluent limitations based on the performance of best conventional pollutant control technology (BCT). The Act requires that BCT limitations be established in light of a two-part ``cost-reasonableness'' test. The test, which assesses the relative costs of conventional pollutant removals, is described in detail in the Federal Register notice promulgating the final BCT rule on July 9, 1986 (51 FR 24974). Both BPT and BCT regulations apply only to direct dischargers, i.e., those facilities that discharge directly into waters of the United States. In general, regulations are not developed to control conventional pollutants discharged by indirect dischargers because the POTWs receiving those wastes normally provide adequate treatment of those types of pollutants or they can be adequately controlled through local pretreatment limits. For the toxic pollutants listed in sec. 307(a), and nonconventional pollutants, secs. 301(b)(2)(A), (C), (D) and (F) directed the achievement of effluent limitations requiring application of BAT. Effluent limitations based on BAT are to represent at a minimum the best control technology performance in the industrial category that is technologically and economically achievable. In addition to limitations for existing direct dischargers, EPA also establishes NSPS under sec. 306 of the Act, based on the best available demonstrated control technology, processes operating methods or other alternatives. NSPS apply to new direct dischargers. The NSPS limitations are to be as stringent, or more stringent than BAT limitations for existing sources within the industry category or subcategory. To ensure that effluent guidelines remain current with the state of the industry and with available control technologies, sec. 304(b) of the Act provides that EPA shall revise the effluent guidelines at least annually if appropriate. In addition, sec. 301(d) provides that EPA shall review and if appropriate, revise any effluent limitation required by sec. 301(b)(2). Section 402 of the CWA provides for the issuance of permits to direct dischargers under NPDES. These permits, which are required by sec. 301, are issued either by EPA or by a State agency approved to administer the NPDES program. Individual NPDES permits must incorporate applicable technology-based limitations contained in guidelines and standards for the industrial category in question. Where EPA has not promulgated applicable technology-based effluent guidelines for an industry, sec. 402(a)(1)(B) provides that the permit must incorporate such conditions as the Administrator determines are necessary to carry out the provisions of the Act. In other words, the permit writer uses best professional judgment (BPJ) to establish technology-based limitations for the dischargers. Indirect dischargers are regulated by the general pretreatment regulations (40 CFR Part 403), local discharge limits developed pursuant to Part 403, and categorical pretreatment standards for new and existing sources (PSNS and PSES) covering specific industrial categories. These categorical standards under secs. 307 (b) and (c) apply to the discharge of pollutants from non-domestic sources which interfere with or pass through POTWs, and are enforced by POTWs or by State or Federal authorities. The categorical pretreatment standards for existing sources covering specific industries are generally analogous to the BAT limitations imposed on direct dischargers. The standards for new sources are generally analogous to NSPS. B. Components of an Effluent Guideline Regulation The principal components of effluent guideline regulations are numerical wastewater discharge limitations controlling specified pollutants for a given industry. These are typically concentration- based limits (specified in units such as milligrams or micrograms of pollutant per liter of water) or production-based mass limits (specified in units such as milligrams of pollutant per unit of production). Numerical limits also cover parameters such as pH and temperature. A guideline often subcategorizes an industry based on differences in raw materials, manufacturing processes, characteristics of the wastewaters, or type of product manufactured; in some cases, non-water quality environmental impacts or other appropriate factors that justify the imposition of specialized requirements on the subcategorized facilities are used as a basis. EPA develops a set of effluent limitations for each category or subcategory at each level of control (BPT, BAT, etc.) that is addressed in the guideline. A guideline also may prescribe Best Management Practices (``BMPs'') in addition to or in lieu of numerical limits. BMPs may include, for example, requirements addressing the minimization or prevention of storm water runoff, plant maintenance schedules and requirements addressing the training of plant personnel. C. Development of Effluent Guideline Regulations EPA has accumulated substantial experience and expertise in the course of preparing 51 effluent guidelines. The schedules for taking final action on new or revised guidelines that are set out in today's notice reflect EPA's best current estimate of the time necessary to promulgate technically and scientifically adequate regulations for each category. This section of the notice summarizes the various tasks which the Agency typically undertakes in an effluent guideline rulemaking. EPA begins work on an effluent guideline rulemaking project by tentatively defining the scope and dimensions of the industry category. The Agency determines the size of the category as it has been defined, using all available sources. Given the diversity of regulatory categories, no single source suffices to establish size. At various times, EPA has used one or more of the following sources: standard published sources, information available through trade associations, data purchased from the Dun and Bradstreet, Inc. data base, other publicly available data bases, U.S. Census Bureau data, other U.S. Government information, and any available EPA data base. If a category is very large and/or diverse, the Agency will determine whether it can be broken down into appropriate categories or subcategories. If more than one subcategory can be identified, the Agency may need to establish priorities for regulation. Regulatory information about industry categories is obtained largely through survey questionnaires and on-site wastewater sampling. Survey questionnaires solicit detailed information necessary to assess the statutory rulemaking factors (particularly technological and economic achievability of available controls), water use, production processes, and wastewater treatment and disposal practices. A significant portion of the Agency's questionnaires typically seek information necessary to assess the economic achievability of a prospective regulation. Generally, the Agency defines its wastewater sampling effort based on information received in response to the questionnaires. While the questionnaire provides information about production processes, water uses and, in general terms, what is found in the industry's wastewater, on-site sampling is used to characterize specifically the pollutants found in discharges. This is because direct dischargers are ordinarily required to do limited, though regular, sampling and selected wastewater analyses under the monitoring provisions of their permits, and some indirect dischargers are required to do only periodic testing of certain pollutants. Much of the monitoring data that EPA pursues in developing effluent guidelines pertain to toxic and nonconventional pollutants which are not widely addressed in existing permits or local pretreatment limits. Moreover, site visits are used to assess manufacturing processes, wastewater generation, pollutant control technologies, pollution prevention opportunities (e.g., process changes), and potential non-water quality impacts of effluent guidelines (i.e., air emissions, sludge generation, energy usage). In developing a list of pollutants of concern for an industry, EPA initially will study wastewater samples for all pollutants that can be measured by recognized analytical methods. Currently over 457 pollutants or analytes can be measured by these methods. This includes the subset of 126 pollutants known as ``priority'' pollutants developed pursuant to CWA sec. 307(a). EPA will develop new analytical methods to cover additional pollutants as necessary. For example, the Agency has developed new methods for use in the Pesticides (40 CFR part 455) and Pulp and Paper (40 CFR part 430) effluent guidelines. (EPA generally proposes any new methods for public comment concurrently with the proposed rule.) Most of the effluent sampling and analysis that has supported effluent guideline regulations promulgated to date has been conducted by EPA. On occasion, however, these activities have been pursued on a cooperative basis with industry parties. For example, EPA and numerous pulp and paper manufacturers participated in cooperative efforts to sample and analyze effluent, wastewater treatment sludge, and pulp from domestic mills that bleach chemical pulp in their production processes. EPA conducts engineering and statistical analyses of the technical data to develop control and treatment options for the pollutants of concern, and the projected costs for these options. The Agency considers the costing information and economic data gathered from the survey and other sources in its economic impact analysis, and then selects one or more of the options as the basis for a rulemaking proposal. It also develops assessments of the environmental impact of the industry discharges, and may conduct a regulatory impact analysis as well. D. NRDC Litigation and Consent Decree EPA has developed today's proposed Effluent Guidelines Plan pursuant to a consent decree in NRDC et al. v. Reilly (D.D.C. Civ. No. 89-2980, January 31, 1992). The Decree commits EPA to schedules for proposing and taking final action on effluent guidelines, and also for conducting preliminary studies. Some of the industry categories to be regulated are specified in the Decree. For the remaining required rulemakings, EPA retains the discretion to select guidelines for development based on Agency priorities. EPA will use the results of the preliminary studies to select industries for future regulation. The Decree requires the Agency to study eleven industries. The Decree also required EPA to establish the effluent Guidelines Task Force, an advisory committee, to formulate recommendations for improvements to the effluent guidelines program. The Agency created the Task Force in 1992. The Task Force has held several public meetings and has begun to present recommendations to the EPA Administrator. The work of the Task Force is discussed further in Section IV.C.3 of today's notice. The Decree sets certain deadlines with respect to the publication of this plan. The Decree also provides that future 304(m) plans consistent with its terms shall satisfy EPA's obligations under sec. 304(m) with respect to the publication of such plans. Other provisions of the Decree provide for modification for good cause, set forth procedures for seeking modifications, grant automatic stays of deadlines in certain circumstances, and state that the Decree is subject to other applicable law (including appropriations law). IV. Today's Proposed Effluent Guidelines Plan A. Effluent Guidelines Currently Under Development 1. Schedule for Ongoing Rulemaking The Agency is currently in the process of developing new or revised effluent guidelines for none categories. (These categories were listed in the Agency's 1992 Effluent Guidelines 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 ------------------------------------------------------------------------ Category Proposal Finalaction ------------------------------------------------------------------------ Pulp, Paper and Paperboard\1\.................. 12/17/93 9/95 Pesticide Formulating, Packaging, and Repackaging................................... 4/14/94 8/95 Pharmaceutical Manufacturing................... 8/94 2/96 Centralized Waste Treatment\2\................. \4\12/94 \4\9/96 Metal Products and Machinery, Phase 1.......... 11/94 5/96 Coastal Oil and Gas Extraction................. 1/95 7/96 Industrial Laundries........................... 12/96 12/98 Transportation Equipment Cleaning.............. 12/96 12/98 Landfills and Incinerators\3\.................. \4\3/97 \4\3/99 ------------------------------------------------------------------------ \1\The Pulp, Paper and Paperboard rulemaking is not covered by the January 31, 1992 consent decree. Deadlines are subject to a consent decree in EDF et al. v. Thomas (D.D.C. No. 85-0973). \2\New title for Waste Treatment Phase 1 category. See discussion in Section IV.A.2 below. \3\New title for Waste Treatment Phase 2 category. See discussion in Section IV.A.2 below. \4\These dates reflect pending unopposed motions to extend consent decree deadlines. EPA will include any updates to these schedules in the semi-annual Regulatory Agenda published in the Federal Register. 2. Change in Category Names: Waste Treatment EPA listed the Waste Treatment category in the 1990 and 1992 effluent guidelines plans (in 1990 the category was titled ``Hazardous Waste Treatment''). The rulemaking for the category was described as having two phases. The Phase 1 rule would cover centralized waste treatment facilities, which receive liquid wastes, both hazardous and non-hazardous, from off-site for treatment or recovery (excluding solvent recovery). The Phase 2 rule would cover discharges from municipal and hazardous waste landfills with leachate collection systems, and discharges from incinerators and thermal destruction units with wet scrubbers. The identification of phases in rulemaking generally indicates two or more rulemaking actions for what could otherwise be considered one industry category. The Agency has previously issued effluent guidelines in phases to make effective use of its resources and propose and promulgate limitations for a portion of a category in a timely manner. A phase 2 rulemaking would typically be based on some of the data used in the phase 1 rule for the category, as well as additional data collected specifically for phase 2. EPA has determined that the discharges and operating characteristics of centralized waste treatment facilities are sufficiently different from landfills and incinerators that they should be considered in a separate rulemaking. The database the Agency has developed for centralized waste treatment facilities is separate from that being developed for landfills and incinerators. Therefore, what was labeled the ``Waste Treatment, Phase 1'' rule will be known as the ``Centralized Waste Treatment'' category, and the ``Waste Treatment, Phase 2'' rule will be labeled the ``Landfills and Incinerators'' category. B. Process for Selection of New Effluent Guideline Regulations Section 304(m) does not specify criteria that the Agency should use to select categories for regulation by effluent guidelines. For the first Effluent Guidelines Plan, published January 2, 1990 (55 FR 80), EPA listed criteria it has used to select categories. The 1992 consent decree, while specifying some of the categories to be regulated, allows the Agency flexibility in selecting future categories for regulation, and does not specify selection criteria. Therefore EPA intends to continue to use selection criteria such as those listed in the 1990 plan. 1. Selection Criteria and Data Sources a. Selection criteria. The 1990 plan described three broad criteria for selection of categories: environmental factors, utility to states and POTWs, and legal mandates for specific categories. The 1992 plan continued the use of the first two criteria. (Legal mandates are considered to be nondiscretionary and therefore external to the selection process.) The environmental factors allow the Agency to compare the discharges of various categories to approximate risk to human health and the environment. The specific factors used have included:Total priority pollutants discharged (lbs/day); Total pollutants discharged (lbs/day); Total priority toxic pounds-equivalent discharged (lbs/ day); Number of carcinogens present in discharges; Number of facilities discharging to water quality-impaired receiving waters; Number of documented cases of sediment contamination. Data for all of the above factors may not be available for all of the categories under consideration. EPA has found that an estimate of the total priority pollutants discharged is usually available for each category, and can be used to calculate the total priority toxic pounds- equivalent discharged. These have been among the most useful indicators for selecting categories for effluent guidelines. The Toxic Pounds- Equivalent factors (developed for most of the 126 priority pollutants) are calculated using the mass loading of a pollutant (measured in pounds), multiplied by a weighing factor for each pollutant based on toxicity and potential for bioaccumulation. The individual values are then summed to provide the category value. The second broad criterion EPA uses in selecting industries for development of effluent guidelines is the ``utility'' or ``usefulness'' of the regulation. This factor reflects the fact that, even in the absence of a national effluent guideline, discharger of pollutants into waters of the United States must obtain an NPDES permit incorporating technology-based effluent limits. Permit writers at facilities not covered by national guidelines are directed to use Best Professional Judgment in determining what technology-based limits are appropriate. (A roughly analogous situation exists with respect to the development of ``local limits'' for those facilities discharging into POTWs). At some facilities, however, development of BPJ permits by individual permit writers may be especially difficult due to the complexity of wastestreams, presence of pollutants with poorly understood treatability characteristics, or other factors. National effluent guidelines may be especially appropriate for such facilities and the categories of which they are a part. Promulgation of new and revised categorical pretreatment standards was the first recommendation in ``National Pretreatment Program: Report to Congress'' (EPA 21W-4004, July 1991). In assessing the utility or usefulness of a national effluent guideline, EPA typically looks at a variety of factors. Among these are: Average priority pollutants discharged per facility; Average priority toxic pounds-equivalent discharged per facility; Number of discharging facilities; Cost of existing or additional controls. The number of priority pollutants discharged per facility and the toxic pounds-equivalent levels are considered as relative indicators of plant complexity. The number of discharging facilities signifies the greater impact of a guideline on a large-population category, in reducing permit writing workload and implementing permit limitations on a timely basis. These criteria are groups of factors that the Agency considers and weighs in setting rulemaking priorities. The criteria can not be applied mechanically. In applying the criteria and selecting categories of dischargers for the preparation of new or revised guidelines, the Agency uses considerable judgment grounded in its expertise in the regulation of the discharge of pollutants and the administration of the Clean Water Act and other authorities that address pollution of the nation's waters. The Effluent Guidelines Task Force has developed recommendations on criteria for selecting industries for preliminary studies. The recommendations are discussed in section IV.C.3 below. b. Data sources. The 1990 plan listed several sources of information the Agency used to evaluate which categories should be subject to new or revised effluent guidelines. These sources included: EPA's Domestic Sewage Study (``DSS)(Report to Congress on the Discharge of Hazardous Wastes to Publicly Owned Treatment Works, EPA-530/SW-86-004, February 1986), conducted pursuant to the Resource Conservation and Recovery Act (RCRA). Follow-up studies for the DSS, which became known as ``Preliminary Studies.'' EAP conducted studies on 10 industries during 1986-89. Preliminary studies are discussed further in section IV.C of today's notice. Recommendations from states & POTWs. Other EPA reports, such as the annual Toxic Release Inventory (TRI) and the RCRA Small Quantity Generator Study. Reviews of variance requests and petitions. Public comments. The data sources listed in the 1992 plan included preliminary studies, TRI, consultation with states and POTWs, and public comments, and added an EPA sediment quality report and rulemaking records from existing effluent guidelines. EPA continues to rely on these data sources for effluent guidelines planning. The Effluent Guidelines Task Force has developed recommendations on use of data sources for selecting industries. These recommendations are discussed below. 2. Selection of Categories for Future Rulemaking The 1992 consent decree requires that EPA begin rulemaking for the Metal Product and Machinery Phase 2 (MP&M 2) category in 1995. After starting MP&M 2, EPA will start work on two more categories in 1996. EPA is not proposing the specific industrial categories for 1996 in today's notice. However, based on the above discussion of data sources, the Agency may choose the next categories from the following list: Petroleum Refining; Metal Finishing; Textile Mills; Inorganic Chemicals; Steam Electric Power Generating; Iron and Steel Manufacturing; a portion of the Pulp, Paper and Paperboard category. Of these, the first six are the subject of preliminary studies already completed or currently in progress. (These studies are discussed briefly in Section IV.C.I.) The seventh is comprised proposed rule for the Pulp, Paper and Paperboard Category included BPT, BCT and NSPS for conventional pollutants for these subcategories, but did not address toxic and nonconventional pollutant discharges (40 CFR part 430; 58 FR 66104, December 17, 1993). The proposal notice requested public comments and data on the mills in these subcategories (58 FR 66167). The Agency welcomes additional comments and data on the merits of developing an effluent guideline to address these discharges. C. Preliminary Studies The purpose of a Preliminary Study is to indicate whether and to what extent an industry discharges toxic and nonconventional pollutants, and to provide a basis for comparison with other industries for purposes of assigning priorities for regulation. These objectives can be met by combining the findings of site visits with other descriptive information about the industry. The results of a Preliminary Study for an industry are published in a ``Preliminary Data Summary.'' The Preliminary Data Summary presents a synopsis of recent technical and economic information on a category of dischargers for use by EPA staff and management. The Preliminary Data Summaries are not used directly as a basis for rulemaking, but are used in the Agency's determination of which categories most require preparation of new or revised effluent guidelines. (They also may be expanded to become guidance documents for NPDES permit writers and POTWs.) A Preliminary Study typically collects data on the following: The products manufactured and/or services provided by an industry; Number, types and geographic location of facilities; Destination of discharge (directly to surface waters, indirectly to POTWs, or both); Characterization of the wastewater discharges and identification of pollutants present in the wastestreams (e.g., mean concentrations of pollutants, wastewater volumes, mass loadings); Sampling and analytical methods employed to ascertain the presence and concentration of pollutants in the wastewater; Source reduction, recycling and pollution control technologies in use and potentially applicable to the industry; Non-water quality environmental impacts associated with wastewater treatment in the industry (e.g., air emissions, wastewater treatment sludges, and other wastes including hazardous wastes); Coast of control technologies in place and cost estimates for additional controls; Cost-effectiveness of reduction of toxic and nonconventional pollutants; Estimates of water quality impacts of discharges within the subject industry; Economic assessment (current financial condition of firms in the industry, industry expansion or reduction trends, size characterization of firms, impact of estimated treatment costs on representative facilities, estimated cost-effectiveness of additional wastewater treatment technologies). The type and quality of information varies among the Preliminary Data Summaries, depending on the data available to the Agency when each document is prepared and whether the industry is covered by an existing effluent guideline. For example, some of the Summaries have comprehensive, primary data on the number and location of the discharging facilities while others contain estimates drawn from secondary data sources. However, the Summaries represent the Agency's best characterization of industries at the time the summaries are compiled. As additional data are acquired, they are factored into the evaluation process. Consequently, the Preliminary Data Summaries are also subject to revision. The Agency has made the Summaries available to the public and intends to continue to do so. EPA conducted its initial studies during 1986-89, and some of the industries studied at that time will be covered by new or revised effluent guidelines now under development. Following the approval of the 1992 consent decree, the Agency began a regular program of conducting studies. EPA expects most studies to take about two years to complete. The content of the studies conducted in the 1980s varied, and the Agency plans to develop the current studies with a more consistent format. The methodology for conducting preliminary studies is being discussed by the Effluent Guidelines Task Force, and the Task Force expects to issue recommendations to the EPA Administrator later this year. 1. Ongoing Studies a. Petroleum refining. The Petroleum Refining regulations were promulgated in 1982 at 40 CFR part 419. EPA has reviewed the rulemaking record, visited several facilities, reviewed discharge monitoring data and received additional data from the Government of Canada as part of Canada's determination of best available technology standards for the Petroleum Refining Industry Sector. The Agency will publish a Preliminary Data Summary in July 1994. Additional analysis will be conducted regarding how new Clean Air Act rules affect refinery plant configurations. b. Metal finishing. The Metal Finishing regulations were promulgated in 1983 at 40 CFR part 433. EPA has reviewed the rulemaking record and investigated the projected overlap in coverage between the Metal Finishing category and the forthcoming Metal Products and Machinery category. A Preliminary Data Summary on these issues will be published in June 1994. c. Textile mills. The Textile Mills regulations were promulgated in 1982 at 40 CFR part 410. EPA has reviewed the rulemaking record, is evaluating discharge monitoring data and is visiting several facilities. A Preliminary Data Summary will be completed in December 1994. d. Inorganic chemicals. The Inorganic Chemicals regulations were promulgated in 1982 at 40 CFR part 415. EPA has reviewed the rulemaking record and is analyzing discharge monitoring data and other information to develop national estimates of the industry's discharge practices and economic condition. A Preliminary Data Summary will be completed in December 1994. e. Steam electric power generating. The Steam Electric Power Generating regulations were promulgated in 1982 at 40 CFR part 423. EPA is reviewing the rulemaking record and will be evaluating discharge monitoring data and visiting facilities. A Preliminary Data Summary will be completed in December 1995. f. Iron and steel manufacturing. The Iron and Steel Manufacturing regulations were promulgated in 1982 at 40 CFR part 420. EPA is reviewing the rulemaking record for the 1982 rulemaking and will be assessing trends in the industry since 1982 and will be studying the need for revised limitations and standards. A Preliminary Data Summary will be completed in September 1995. 2. Future Studies EPA intends to begin two preliminary studies in 1995, and three additional studies in 1996. Some of the categories which may be studied are listed below. The Agency welcomes comments on the criteria for selecting study categories, and welcomes submission of data on industry discharges that would assist in the selection process. Recommendations of the Effluent Guidelines Task Force on selection criteria for study are described in the following section of today's notice. a. Pulp, paper and paperboard. As described above, EPA is considering initiating a study or rulemaking for the six non-bleaching subcategories of the Pulp, Paper and Paperboard category. The Agency may decide that additional study is needed before considering whether to develop a proposed rule. For example, EPA is aware of increased activity in the recycling and deinking segments of the industry, and a study focusing on toxic and nonconventional pollutant discharges from these and other non-bleach mills may be appropriate. b. Other categories. Three additional existing effluent guidelines categories are listed in the consent decree for preliminary studies: Leather Tanning and Finishing (40 CFR part 425); Coal Mining (40 CFR part 434); and Onshore/Stripper Oil and Gas Extraction (40 CFR part 435). EPA may study these categories or other categories, based on public comments received and other available information. 3. Recommendations of the Effluent Guidelines Task Force The Effluent Guidelines Task Force was established by EPA to recommend improvements to the effluent guidelines program. The Task Force consists of members appointed by the Agency from industry, citizen groups, state and local government, the academic and scientific communities, and EPA regional offices. The Task Force was created to offer advice to the EPA Administrator on the long-term strategy for the effluent guidelines program, and particularly to provide recommendations on a process for expediting the promulgation of effluent guidelines. It is chartered as a subcommittee of the National Advisory Council for Environmental Policy and Technology (NACEPT), the external policy advisory board to the Administrator, pursuant to the Federal Advisory Committee Act (FACA) Pub. L. 92-463). Since October 1992, the Task Force has been studying the procedures EPA uses to develop effluent guidelines, including how categories are selected for preliminary studies. At its October 1993 meeting, the Task Force members agreed on recommendations regarding category selection criteria for preliminary studies and appropriate data sources to be used. (Although the draft recommendations are being reviewed by NACEPT prior to formal submittal to the Administrator, the Agency believes it is appropriate to acknowledge the Task Force's proposed criteria in today's notice.) The NACEPT report on these Task Force recommendations will be published later this year. EPA will review the Task Force's report and will consider applying the recommended criteria in its future rulemaking selections. a. Data sources. The Task Force generally agreed with EPA on the sources of data that are appropriate for comparing categories. It encouraged EPA to consider information supplied by POTWs, the Association of Metropolitan Sewerage Agencies (AMSA), State, and trade associations. Reviews of technical literature and the Toxic Release Inventory (for basic identification of industry sources and locations) were also recommended. b. Criteria for selecting industries for preliminary studies. The Task Force supported EPA's use of total toxic pounds-equivalent discharged as one of the principal selection criteria. Other criteria that EPA has used in previous Effluent Guidelines Plans were supported with varying degrees of emphasis, and several new factors were recommended. The recommendations included using number of facilities and flow (including establishing a cutoff below which alternatives to establishing effluent guidelines will be developed); giving priority to industries not covered by existing guidelines; giving priority to industries targeted for regulations by other EPA programs (e.g. air, solid waste); giving priority to service industries; and priority to industries which are at or near the beginning of their investment cycles. D. Other Rulemaking Actions EPA has received a petition to amend the regulations for the Leather Tanning and Finishing category (40 CFR part 425), promulgated in 1982. The petition requests the Agency to consider relaxing the upper pH limit for certain indirect dischargers. The Agency is considering a minor amendment to these regulations, provided that such an amendment would not adversely affect POTW operations or receiving water quality. This minor amendment would not affect the other rulemakings described in today's notice. EPA is not planning other revisions to the Leather Tanning regulations. V. Request for Comments EPA invites public comment on its plans for development of effluent guidelines and preliminary studies. Comments will be accepted until June 17, 1994. In particular, the Agency is interested in data that would facilitate category-wide comparisons of industries with regard to discharge characteristics, treatment practices and effects on water quality. In addition to the industries discussed or listed in today's notice, EPA will consider information on other industries in developing Effluent Guidelines Plans. VI. Economic Impact Assessment; OMB Review 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 guidelines rulemakings developed by the Agency. Today's notice has been reviewed by the Office of Management and Budget under Executive Order 12866. Dated: May 12, 1994. Carol M. Browner, Administrator. Appendix A--Promulgated Effluent Guidelines ``Promulgation'' refers to the date of promulgation of BAT controls unless otherwise noted. Minor amendments or corrections are not shown. ---------------------------------------------------------------------------------------------------------------- Revised Rule (P: 40 CFR Proposal F: Final Category Part Promulgation Action) or Study Completion (S) ---------------------------------------------------------------------------------------------------------------- Aluminum Forming........................................... 467 10/83 ..................... Asbestos Manufacturing..................................... 427 2/74 ..................... Battery Manufacturing...................................... 461 3/84 ..................... Builder's Paper and Board Mills\1\......................... 431 12/86 (BCT) ..................... Carbon Black Manufacturing................................. 458 1/78 ..................... Cement Manufacturing....................................... 411 8/79 (BCT) ..................... Coal Mining................................................ 434 10/85 ..................... Coil Coating............................................... 465 12/82 ..................... Canmaking Subcategory.................................... 11/83 ..................... Copper Forming............................................. 468 8/83 ..................... Dairy Products Processing.................................. 405 6/86 (BCT) ..................... Electroplating............................................. 413 1/81 (PSES) ..................... Electrical and Electronic Components....................... 469 4/83 ..................... Explosives Manufacturing................................... 457 3/76 ..................... Feedlots................................................... 412 2/74 ..................... Ferroalloy Manufacturing................................... 424 7/86 (BCT) ..................... Fertilizer Manufacturing................................... 418 8/79 (BCT) ..................... Fruits and Vegetables Processing........................... 407 7/86 (BCT) ..................... Glass Manufacturing........................................ 426 7/86 (BCT) ..................... Grain Mills................................................ 406 7/86 (BCT) ..................... Gum and Wood Chemicals..................................... 454 5/76 (BPT) ..................... Hospitals.................................................. 460 5/76 (BPT) S 1989. Ink Formulating............................................ 447 7/75 ..................... Inorganic Chemicals........................................ 415 6/82 S 1994. Iron and Steel Manufacturing............................... 420 5/82 S 1995. Leather Tanning and Finishing.............................. 425 11/82 ..................... Meat Products.............................................. 432 7/76 (BCT) ..................... Metal Finishing............................................ 433 7/83 S 1994. Metal Molding and Casting (Foundries)...................... 464 10/85 ..................... Mineral Mining and Processing.............................. 436 7/77 (BPT) ..................... Nonferrous Metals Forming.................................. 471 8/85 ..................... Nonferrous Metals Manufacturing............................ 421 6/84 ..................... Oil and Gas Extraction..................................... 435 ..................... Offshore Subcategory..................................... ...... 3/4/93 ..................... Coastal Subcategory...................................... ...... 11/79 (BPT) \2\P 1/95; F 7/96. Other Subcategories...................................... ...... 11/79 (BPT) ..................... Ore Mining and Dressing.................................... 440 12/82 ..................... Gold Placer Mining Subcategory........................... 5/88 ..................... Organic Chemicals, Plastics and Synthetic Fibers........... 414 11/87 ..................... Paint Formulating.......................................... 446 7/75 S 1989. Paving and Roofing Materials............................... 443 7/75 ..................... Pesticide Chemicals........................................ 455 ..................... Manufacturing............................................ 9/28/93 ..................... Formulating, Packaging, Repackaging...................... 4/78 (BPT) P 4/14/94; F 8/95. Petroleum Refining......................................... 419 10/82 S 1993. Pharmaceutical Manufacturing............................... 439 10/83 S 1989; P 8/94; F 2/ 96. Phosphate Manufacturing.................................... 422 6/76 ..................... Photographic Processing.................................... 459 7/76 (BPT) ..................... Plastics Molding and Forming............................... 463 12/84 ..................... Porcelain Enameling........................................ 466 11/82 ..................... Pulp, Paper and Paperboard................................. 430 12/86 (BCT) P 12/17/93; F 9/95. Rubber Manufacturing....................................... 428 2/74 ..................... Seafood Processing......................................... 408 7/86 (BCT) ..................... Soap and Detergent Manufacturing........................... 417 4/74 ..................... Steam Electric Power Generating............................ 423 11/82 S 1995. Sugar Processing........................................... 409 7/86 (BCT) ..................... Textile Mills.............................................. 410 9/82 S 1994. Timber Products Processing................................. 429 1/81 ..................... ---------------------------------------------------------------------------------------------------------------- Notes: \1\EPA proposed merging part 431 with part 430 in the proposed Pulp, Paper and Paperboard rule on 12/17/93. \2\Notice and request for comments 11/8/89. Appendix B--Current and Future Rulemaking Projects ------------------------------------------------------------------------ Category Proposed Final ------------------------------------------------------------------------ Pulp, Paper and Paperboard.......................... 12/17/93 9/95 Pesticide Formulating, Packaging and Repackaging.... 4/14/94 8/95 Pharmaceutical Manufacturing........................ 8/94 2/96 Metal Products and Machinery, Phase 1............... 11/94 5/96 Centralized Waste Treatment\1\...................... \3\12/94 \3\9/96 Coastal Oil and Gas Extraction...................... 1/95 7/96 Industrial Laundries................................ 12/96 12/98 Transportation Equipment Cleaning................... 12/96 12/98 Landfills and Incinerators\2\....................... \3\3/97 \3\99 Metal Products and Machinery, Phase 2............... 12/97 12/99 2 categories........................................ 12/98 12/00 2 categories........................................ 12/99 12/01 2 categories........................................ 12/00 12/01 2 categories........................................ 12/01 12/03 ------------------------------------------------------------------------ Notes: \1\Formerly called Waste Treatment, Phase 1. \2\Formerly called Waste Treatment, Phase 2. \3\Dates reflect pending unopposed motions to extend consent decree deadlines. Appendix C--Completed Preliminary Studies Recent Studies Recently-completed preliminary studies will be available from the EPA National Center for Environmental Publications and Information (NCEPI), 11029 Kenwood Road, Building 5, Cincinnati, OH 45242; telephone (513) 891-6561, fax (513) 891-6685. Please specify the EPA Document Number when ordering. ------------------------------------------------------------------------ Publication Title Availability Date EPA Document No. ------------------------------------------------------------------------ Preliminary Data Summary July 1994............ EPA-821-94-005. for the Petroleum Refining Category. Preliminary Data Summary June 1994............ EPA-821-R-94-006 for the Metal Finishing Category. ------------------------------------------------------------------------ 1989 Studies The following studies were published as Preliminary Data Summaries by EPA in 1989. Copies may be purchased from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, telephone (703) 487-4650. Please specify the NTIS Accession Number(s) when ordering. ---------------------------------------------------------------------------------------------------------------- Current Category Number (if NTIS Accession Publication Title different from publication title) No. ---------------------------------------------------------------------------------------------------------------- Preliminary Data Summary for the Drum Reconditioning ................................... PB90-126491. Industry. Preliminary Data Summary for the Hazardous Waste Centralized Waste Treatment; PB90-126517. Treatment Industry. Landfills and Incinerators. Preliminary Data Summary for the Hospitals Point Source ................................... PB90-126459. Category. Preliminary Data Summary for Industrial Laundries........ ................................... PB90-126541. Preliminary Data Summary for the Machinery Manufacturing Metal Products and Machinery....... PB90-126525. and Rebuilding Industry. Preliminary Data Summary for the Paint Formulating Point ................................... PB90-126475. Source Category. Preliminary Data Summary for the Pharmaceutical ................................... PB90-126533. Manufacturing Point Source Category. Preliminary Data Summary for the Solvent Recycling ................................... PB90-126467. Industry. Preliminary Data Summary for the Transportation Equipment ................................... PB90-126483. Cleaning Industry. Preliminary Data Summary for the Used Oil Reclamation and ................................... PB90-126509. Re-Refining Industry. ---------------------------------------------------------------------------------------------------------------- Appendix D--Current Preliminary Studies ------------------------------------------------------------------------ Category Start Complete ------------------------------------------------------------------------ Textile Mills....................................... 1993 1994 Inorganic Chemicals................................. 1993 1994 Iron and Steel Manufacturing........................ 1994 1995 Steam Electric Power Generating..................... 1994 1995 2 studies........................................... 1995 1996 3 studies........................................... 1996 1997 ------------------------------------------------------------------------ [FR Doc. 94-12101 Filed 5-17-94; 8:45 am] BILLING CODE 6560-50-P-M