Effluent Guidelines Plan

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