[Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)]
[Pages 48159-48161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19074]



[EPA-HQ-OW-2010-0824; FRL--9678-5]
RIN 2040-ZA18

Preliminary 2012 Effluent Guidelines Program Plan and 2011 Annual 
Effluent Guidelines Review Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.


SUMMARY: This notice announces the availability of the Preliminary 2012 
Effluent Guidelines Program Plan (``Preliminary 2012 Plan'') and EPA's 
2011 Annual Effluent Guidelines Review Report, and solicits public 
comment on both. Clean Water Act (CWA) section 304(m), 33 U.S.C. 
1314(m), requires EPA to biennially publish a plan for new and revised 
effluent guidelines, after public notice and comment, which identifies 
any new or existing industrial categories selected for effluent 
guidelines rulemaking and provides a schedule for such rulemaking. EPA 
works to publish a preliminary plan in the odd numbered years and a 
final plan in the even numbered years. The findings from the 2011 
Annual Reviews were used in developing the Preliminary 2012 Plan and 
will be used in developing the Final 2012 Plan.

DATES: Submit comments on or before October 7, 2013.

ADDRESSES: Submit your comments on the 2011 Annual Reviews and 
Preliminary 2012 Plan identified by Docket ID No. EPA-HQ-OW-2010-0824, 
by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: ow-docket@epa.gov, Attention Docket ID No. EPA-HQ-
     Fax: (202) 566-9744
     Mail: Water Docket, Environmental Protection Agency, 
Mailcode: 2822T, Attention Docket ID No. EPA-HQ-OW-2010-0824, 1200 
Pennsylvania Ave. NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, EPA West, Room 3334, 
1301 Constitution Avenue NW., Washington, DC, Attention Docket ID No. 
EPA-HQ-OW-2010-0824. Such deliveries are accepted only during the 
Docket Center's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments on the 2011 Annual Reviews and 
Preliminary 2012 Plan to Docket ID No. EPA-HQ-OW-2010-0824. EPA's 
policy is that all comments received will be included in the public 
docket without change and could be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means that EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment because of technical difficulties and cannot contact you for 
clarification, EPA might not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm. For additional 
instructions on submitting comments, go to the SUPPLEMENTARY 
INFORMATION section of this document.

Submitting Confidential Business Information

    Do not submit confidential business information (CBI) to EPA 
through www.regulations.gov or email. Any CBI you wish to submit should 
be sent via a trackable physical method, such as Federal Express or 
United Parcel Service, to Mr. M. Ahmar Siddiqui, Document Control 
Officer, Engineering

[[Page 48160]]

and Analysis Division (4303T), Room 6231S EPA West, U.S. EPA, 1200 
Pennsylvania Ave. NW., Washington, DC 20460. A CBI package should be 
double-wrapped, so that the CBI is in one package, which is itself 
inside another package. Clearly mark the part or all of the information 
that you claim to be CBI. For CBI information on a disk or CD ROM that 
you mail to EPA, mark the outside of the disk or CD ROM as CBI and then 
identify electronically within the disk or CD ROM the specific 
information that is claimed as CBI. In addition to one complete copy of 
the material that includes information claimed as CBI, a copy of the 
material that does not contain the information claimed as CBI must be 
submitted for inclusion in the public docket. Information marked as CBI 
will not be disclosed except in accordance with procedures set forth in 
40 CFR Part 2.
    Docket: All documents in the docket are listed in the index at 
www.regulations.gov. Although listed in the index, some information is 
not publicly available, i.e., CBI or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically at www.regulations.gov or in hard copy 
at the Water Docket in the EPA Docket Center, EPA/DC, EPA West, Room 
3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading 
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744, and the telephone number for the Water Docket 
is (202) 566-2426.

FOR FURTHER INFORMATION CONTACT: Mr. William F. Swietlik, Engineering 
and Analysis Division, Office of Water, 4303T, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC., 
20460; telephone number: (202) 566-1129; fax number: (202) 566-1053; 
email address: swietlik.william@epa.gov.


I. General Information

A. Supporting Documents

    Key documents providing additional information about EPA's 2011 
Annual Reviews and the Preliminary 2012 Plan include the 2011 Annual 
Effluent Guidelines Review Report and the Preliminary 2012 Effluent 
Guidelines Program Plan.

B. How can I get copies of these documents and other related 

    1. Docket. EPA has established official public dockets for these 
actions under Docket ID No. EPA-HQ-OW-2010-0824. The official public 
docket is the collection of materials that is available for public 
viewing at the Water Docket in the EPA Docket Center, (EPA/DC) EPA 
West, Room 3334, 1301Constitution Ave. NW., Washington, DC 20460.
    2. Electronic Access. You may access this Federal Register document 
electronically through the United States government online source for 
Federal regulations at http://www.regulations.gov.
    3. Internet access. Copies of the supporting documents are 
available at http://water.epa.gov/lawsregs/lawsguidance/cwa/304m/index.cfm.

C. What should I consider as I prepare my comments for EPA?

    Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency might ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible.
     Make sure to submit your comments by the comment period 
deadline identified.

II. How is this document organized?

    The outline of this notice follows.
A. Legal Authority.
B. Summary Findings of the 2011 Annual Reviews.
C. Summary of the Preliminary 2012 Effluent Guidelines Program Plan.
D. Public Comments.
E. Summary of the Planned Process for 2012 Annual Reviews.
F. Requests for Comment and Information.

A. Legal Authority

    This notice is published under the authority of the CWA, 33 U.S.C. 
1251, et seq., and in particular sections 301(d), 304(b), 304(g), 
304(m), 306, 307(b), 308, 33 U.S.C. 1311(d), 1314(b), 1314(g), 1314(m), 
1316, 1317(b), and 1318.

B. Summary Findings of the 2011 Annual Reviews

    After completing the 2011 Annual Reviews, EPA has determined that 
discharges from 17 of the top 20 industrial categories were not a 
hazard priority. However, EPA determined that additional information 
and analysis is necessary before concluding the review of the three 
remaining point source categories: Pulp, Paper and Paperboard (40 CFR 
Part 430), Petroleum Refining (40 CFR Part 419), and Meat and Poultry 
Products (40 CFR Part 432). Therefore, EPA continued to review these 
categories' discharges during the 2012 Annual Reviews and will report 
its finding in the Final 2012 Plan.

C. Summary of the Preliminary 2012 Effluent Guidelines Program Plan

    EPA is not identifying any industry category for new or revised 
effluent guidelines in the Preliminary 2012 Plan. In addition, for 
previously initiated rulemakings, EPA is proposing to delist from the 
effluent guidelines plan the rulemaking for the Coalbed Methane 
Extraction subcategory based on new information regarding the declining 
prevalence and economic viability of this industry, due in large part 
to the increased extraction of natural gas from other sources, such as 
shale formations. See the supporting documents available at http://water.epa.gov/lawsregs/lawsguidance/cwa/304m/index.cfm for further 
explanation. EPA is also proposing to delist the Chlorine and 
Chlorinated Hydrocarbon (CCH) manufacturing industry from the Plan and 
discontinue its rulemaking.
    Based on a preliminary study that has been completed, EPA has 
concluded that an effluent guideline revision is not necessary for 
Regenerated Cellulose Manufacturers (previously categorized as Plastics 
Molding and Forming (40 CFR Part 463)).

D. Public Comments

    EPA also considered public comments and information submitted by 
stakeholders in response to a solicitation for comments on the Final 
2010 Effluent Limitations Guidelines (ELG) Program Plan (Final 2010 
Plan), published in the Federal Register on October 26, 2011 (76 FR 
    A total of 31 organizations provided comment on the Final 2010 
Plan. Most

[[Page 48161]]

of the public comment and input submitted focused on expressing 
opposition or support for the announced ELGs for Shale Gas Extraction, 
Coalbed Methane Extraction and Dental Amalgam. A few comments provided 
a small amount of information and ideas on the 304(m) planning process 
in general; nanomaterial discharges; the disposal of unused 
pharmaceuticals; and on the ore mining and dressing study report.

E. Summary of the Process for 2012 Annual Reviews

    EPA conducted four new targeted review methodologies to better 
identify new industries or industry processes at existing industries 
that may need new or revised effluent guidelines and standards for the 
2012 reviews. These methodologies included:
     Identifying pass-through pollutants in sewage sludge using 
the 2009 Targeted National Sewage Sludge Survey (TNSSS).
     Identifying new pollutants and industry discharges using 
data and information from EPA's toxic substances control programs.
     Identifying new waste streams generated from new air 
pollution controls associated with Clean Air Act rulemakings.
     Identifying new industries through potential TRI expansion 

These new targeted review methodologies are further described in the 
Preliminary 2012 Plan available for review at: http://water.epa.gov/lawsregs/lawsguidance/cwa/304m/index.cfm.
    EPA has modified its annual review process to conduct a toxicity 
ranking analysis for industry only during the odd numbered years and 
additional targeted reviews of industry during the even numbered years.

F. Request for Comment and Information

    EPA requests comments and information on the Preliminary 2012 
Effluent Guidelines Program Plan and on the 2011 Annual Effluent 
Guidelines Review Report in the following areas.
1. Data Sources and Methodologies
    EPA solicits comments on whether it used the correct evaluation 
factors, criteria, and data sources in conducting its 2011 annual 
review and developing this Plan. EPA also solicits comment on other 
data sources EPA can use in its annual reviews and biennial planning 
2. Methodologies for the 2012 Annual Reviews
    EPA solicits comments on its methods for the 2012 Annual Reviews 
and for subsequent even numbered year reviews. EPA used targeted 
industrial review methods during 2012, as described above. 
Specifically, EPA solicits comment on data and other sources of 
available information or approaches that EPA could consider for the 
annual reviews in subsequent even years, or comments regarding the 
targeted approaches described above and in the Preliminary 20122 Plan.
3. The Preliminary 2012 Effluent Guidelines Program Plan
    EPA solicits comments on its Preliminary 2012 Plan, including the 
data and information used to support the findings and conclusions 
stated in the Preliminary 2012 Plan. EPA also solicits comments on the 
proposed decisions to not identify any industry categories for the 
development of new or revised effluent guidelines and to delist the 
Coalbed Methane Extraction subcategory and Chlorine and Chlorinated 
Hydrocarbon Manufacturing from the effluent guidelines plan.
4. Implementation Issues Related to Existing Effluent Guidelines and 
Pretreatment Standards
    As a factor in its decision-making, EPA considers opportunities to 
eliminate inefficiencies or impediments to pollution prevention or 
technological innovation, or opportunities to promote innovative 
approaches such as water quality trading, including within-plant 
trading. Consequently, EPA solicits comments on implementation issues 
related to existing effluent guidelines and pretreatment standards.
5. Innovation and Technology in the Effluent Guidelines Program
    EPA is requesting public comment and ideas on the subject of 
technology innovation. EPA seeks public input and comment on the 
following questions and related themes:

--Are there new, innovative pollution control or pollution prevention 
technologies that can be used by any of the existing 57 categories of 
industry with effluent limitations guidelines?
--Are there innovative manufacturing approaches that can be used by 
industries to reduce or prevent their wastewater discharges?
--How can EPA's effluent limitations guidelines program enhance 
technology transfer to catalyze and harness innovation to solve 
industrial wastewater problems, both now and in the future?
--How can EPA better foster consideration of innovative technologies 
through the effluent guidelines planning process?

Nancy K. Stoner,
Acting Assistant Administrator for Water.
[FR Doc. 2013-19074 Filed 8-6-13; 8:45 am]