Effluent Guidelines Plan; Proposed Rule

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL-5050-3]

RIN 2040-AC90

Effluent Guidelines Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Effluent Guidelines Plan.

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SUMMARY: Today's notice announces the Agency's 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.

ADDRESSES: 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 B.

FOR FURTHER INFORMATION CONTACT: Eric Strassler, Engineering and

Analysis Division (4303), Environmental Protection Agency, 401 M

Street, SW., Washington, DC 20460; telephone 202-260-7150.

SUPPLEMENTARY INFORMATION:

I. Legal Authority

II. Introduction

A. Purpose of Today's Notice

B. Overview of Today's Notice

III. 1994 Proposed Effluent Guidelines Plan

IV. 1994 Effluent Guidelines Plan

A. Regulations

1. Ongoing Rulemakings

2. Future Regulations

a. Metal Products and Machinery Phase 2

b. Two Additional Rulemaking Projects: 1996 Start

B. Preliminary Studies

C. Summary of Changes from Proposed Plan

V. Public Comments

VI. Economic Impact Assessment

VII. Executive Order 12866

Appendix A--Effluent Guidelines Rulemaking Projects and Preliminary

Studies

Appendix B--Completed 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).

II. Introduction

A. Purpose of Today's Notice

Today's notice announces the Agency's third biennial plan for

developing new and revised effluent guidelines pursuant to sec. 304(m)

of the Clean Water Act.

EPA published a proposed Effluent Guidelines Plan (the ``Proposed

Plan'') on May 18, 1994 (59 FR 25859). The Agency invited comment on

the notice until June 17, 1994. Today's notice summarizes and addresses

the major comments the Agency received.

B. Overview of Today's Notice

The Agency intends to develop effluent limitation guidelines and

standards (``effluent guidelines'') as follows:

1. Continue development of nine rules listed in the Proposed Plan.

The categories are: Pulp, Paper and Paperboard; Pesticide Chemicals

(Formulating, Packaging and Repackaging); Coastal Oil and Gas

Extraction; Centralized Waste Treatment; Pharmaceutical Manufacturing;

Metal Products and Machinery, Phase 1; Landfills and Incinerators;

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 Federal Register notices. EPA intends to 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.

These actions are identical to those described in the Proposed

Plan.

III. 1994 Proposed Effluent Guidelines Plan

In the Proposed Plan, EPA described its intent to continue

development of nine ongoing rulemakings, develop eight additional rules

between 1996 and 2003, and conduct preliminary studies. The Proposed

Plan set forth EPA's rationale for the selection of particular

industries as candidates for new or revised effluent guidelines. The

Proposed Plan also described the relevant statutory framework, the

components and process for development of an effluent guidelines

regulation, and other background information. The principal elements of

the Proposed Plan were designed to implement sec. 304(m) and a consent

decree in Natural Resources Defense Council et al. v. Reilly (D.D.C.

89-2980, January 31, 1992) (the ``Consent Decree''). See 59 FR 25860-

25865.

IV. 1994 Effluent Guidelines Plan

EPA's 1994 Effluent Guidelines Plan is set forth below. Today's

Plan is substantively identical to the Proposed Plan. As noted above,

the basis for selection of the industries identified in today's Plan is

described in the Proposed Plan.

A. Regulations

1. Ongoing Rulemakings

The Agency is currently in the process of developing new or revised

effluent guidelines for nine categories. (These categories were listed

in the Proposed 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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Final

Category Proposal action

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Pulp, paper and paperboard.\1\ 12/17/93 9/95

Pesticide formulating, packaging, and repackaging... 4/14/94 8/95

Metal products and machinery, phase.\1\ 11/94 5/96

Centralized waste treatment......................... \2\12/94 \2\9/96

Coastal oil and gas extraction...................... 1/95 7/96

Pharmaceutical manufacturing........................ \2\2/95 \2\8/96

Industrial laundries................................ 12/96 12/98

Transportation equipment cleaning................... 12/96 12/98

Landfills and incinerators.......................... \2\3/97 \2\3/99

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\1\The Pulp, Paper and Paperboard rulemaking is not covered by the NRDC

consent decree. Deadlines are subject to a consent decree in EDF et al

v. Thomas (D.D.C. No. 85-0973).

\2\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. Future Regulations

a. Metal Products and Machinery Phase 2. The 1992 consent decree

requires that EPA begin rulemaking for the Metal Product and Machinery

Phase 2 (MP&M 2) category in 1995. As announced in the 1992 Effluent

Guidelines Plan (57 FR 41000, September 8, 1992), EPA intends to

propose the MP&M 2 rule in 1997 and take final action in 1999.

b. Two Additional Rulemaking Projects: 1996 Start. EPA will start

work on two more rules in 1996. EPA has not yet selected the specific

industrial categories for 1996. However, based on the discussion of

data sources in the Proposed Plan (59 FR 25863), 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

(proposed subcategories for which EPA did not propose toxic and

nonconventional pollutant limits in the proposed rule published

December 17, 1993: G. Mechanical Pulp; H. Non-Wood Chemical Pulp; I.

Secondary Fiber Deink; J. Secondary Fiber Non-Deink; K. Fine and

Lightweight Papers from Purchased Pulp; and L. Tissue, Filter, Non-

Woven, and Paper from Purchased Pulp).

EPA intends to announce its rulemaking selections in the Federal

Register within the next year.

B. Preliminary Studies

In the Proposed Plan EPA described six preliminary studies either

completed or underway, and announced that it intended to begin two

preliminary studies in 1995, and three additional studies in 1996 (59

FR 25864-5). The studies assist the Agency in selecting industries to

be subject to future effluent guidelines rulemaking.

The Agency is proceeding as proposed with studies for the Textile

Mills category (40 CFR part 410) and the Inorganic Chemicals category

(40 CFR part 415), both of which will be completed by December 1994.

Studies of the Steam Electric Power Generating category (40 CFR part

423) and Iron and Steel Manufacturing category (40 CFR part 420) were

started earlier this year will be complete in late 1995. Studies on the

Petroleum Refining category (40 CFR part 419) and the Metal Finishing

category (40 CFR part 433) were recently completed.

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.

EPA has not yet selected the categories to be studied in 1995 or

1996.

C. Summary of Changes from Proposed Plan

Today's Effluent Guidelines Plan is substantively identical to the

Proposed Plan. However, some clarifications are provided below in

response to several comments the Agency received on the proposal.

V. Public Comments

The public comment period for the Proposed Plan closed on June 17,

1994. The Agency received comments that covered approximately 18 topics

from 6 commenters, including industries and an environmental group. The

summary in this section highlights the more significant comments

submitted. The administrative record for today's notice includes a

complete text of the comments and the Agency's responses.

A. Scope of Specific Effluent Guidelines Rules

Several comments addressed the scope of coverage and other issues

pertaining to specific effluent guidelines rules which EPA recently

proposed or will propose in the next few years.

EPA will forward these comments to the dockets for the appropriate

rules. The Agency has not made final decisions about the scope and

applicability of these guidelines.

B. Effluent Guidelines Planning Process

One comment questioned the Agency's commitment to planning for the

Effluent Guidelines Program, and stated that EPA should demonstrate

that it has actually engaged in planning for future development of

Effluent Guidelines, rather than using the 304(m) plan as a status

report and vehicle to request further information from outside sources.

EPA has devoted substantial resources to planning for Effluent

Guidelines. Most significantly, the Agency has supported the Effluent

Guidelines Task Force, an advisory committee, that has investigated

ways to improve the planning process, expedite the promulgation of

effluent guidelines, and better promote pollution prevention practices.

The Task Force recently submitted its Report and Recommendations on

``Selection Criteria for Preliminary Industry Studies'' to the EPA

Administrator. The Task Force agreed with EPA on the limitations of

various data sources, although it encouraged the Agency to take greater

advantage of the information and experience available from state and

local governments in dealing with industrial dischargers. EPA looks

forward to working more closely with state and local governments on

preliminary studies and effluent guidelines planning in general.

While the Agency does invite submissions of data from outside

sources to assist in Effluent Guidelines planning, it also conducts

preliminary industry studies. EPA believes that conducting preliminary

studies is the most effective manner in which to learn about industries

discharging toxic and nonconventional pollutants. Two studies have been

completed, and additional studies are underway, pursuant to the Consent

Decree. Consistent with the previous Plans, the 1994 Proposed Plan

states that the ``total priority pollutants discharged'' factor has

been ``among the most useful indicators for selecting categories for

effluent guidelines'' (59 FR 25863). The preliminary studies provide

this kind of information, but most of the other data sources the Agency

consults do not support calculating national estimates of discharges by

category.

VI. Economic Impact Assessment

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

guideline rulemakings developed by the Agency.

VII. Executive Order 12866

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the

Agency must determine whether the regulatory action is ``significant''

and therefore subject to Office of Management and Budget (OMB) review

and the requirements of the Executive Order. The Order defines

``significant regulatory action'' as one that is likely to result in a

rule that may:

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof; or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

It has been determined that this plan is not a ``significant

regulatory action'' under the terms of Executive Order 12866 and is

therefore not subject to OMB review.

Dated: August 18, 1994.

Carol M. Browner,

Administrator.

Appendix A--Effluent Guidelines Rulemaking Projects and Preliminary

Studies

Effluent Guidelines Current and Future Rulemaking Projects

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40 CFR

Category part Proposed Final

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Pulp, paper and paperboard................. 430 12/17/93 9/95

Pesticide formulating, packaging and

repackaging............................... 455 4/14/94 8/95

Metal products and machinery, Phase 1...... 438 11/94 5/96

Centralized waste treatment\1\............. 437 \3\12/94 \3\9/96

Coastal oil and gas extraction............. 435 1/95 7/96

Pharmaceutical manufacturing............... 439 \3\2/95 \3\8/96

Industrial laundries....................... 441 12/96 12/98

Transportation equipment cleaning.......... 442 12/96 12/98

Landfills and incinerators\2\.............. 437 \3\3/97 \3\3/99

Metal products and machinery, Phase 2...... 438 12/97 12/99

2 categories--rulemaking projects start

1996...................................... ....... 12/98 12/00

2 categories--rulemaking projects start

1997...................................... ....... 12/99 12/01

2 categories--rulemaking projects start

1998...................................... ....... 12/00 12/02

2 categories--rulemaking projects start

1999...................................... ....... 12/01 12/03

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\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.

Current and Future Preliminary Studies

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40 CFR

Category part Start Complete

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Inorganic chemicals........................... 415 1993 1994

Textile mills................................. 410 1993 1994

Steam electric power generating............... 423 1994 1995

Iron and steel manufacturing.................. 420 1994 1995

2 categories.................................. ...... 1995 1996

3 categories.................................. ...... 1996 1997

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Appendix B--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.

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40 CFR

Publication title part Publication date EPA document No.

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Preliminary data 419 October 1994......... EPA-821-R-94-005

summary for the

petroleum refining

category.

Preliminary data 433 October 1994......... EPA-821-R-94-006

summary for the

metal finishing

category.

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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.

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Current category name

Publication title (if different from NTIS accession No.

publication title)

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Preliminary data summary ..................... PB90-126491

for the drum

reconditioning industry.

Preliminary data summary Centralized waste PB90-126517

for the hazardous waste treatment; landfills

treatment industry. and incinerators.

Preliminary data summary ..................... PB90-126459

for the hospitals point

source category.

Preliminary data summary ..................... PB90-126541

for industrial laundries.

Preliminary data summary Metal products and PB90-126525

for the machinery machinery.

manufacturing and

rebuilding industry.

Preliminary data summary ..................... PB90-126475

for the paint formulating

point source category.

Preliminary data summary ..................... PB90-126533

for the pharmaceutical

manufacturing point

source category.

Preliminary data summary ..................... PB90-126467

for the solvent recycling

industry.

Preliminary data summary ..................... PB90-126483

for the transportation

equipment cleaning

industry.

Preliminary data summary ..................... PB90-126509

for the used oil

reclamation and re-

refining industry.

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[FR Doc. 94-20954 Filed 8-25-94; 8:45 am]