[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]
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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.
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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
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Category Proposal Finalaction
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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
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\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