Effluent Guidelines Plan

SUMMARY: Today's notice announces the Agency's proposed plans for

developing new and revised effluent guidelines, which regulate

industrial discharges to surface waters and to publicly owned treatment

works. Section 304(m) of the Clean Water Act requires EPA to publish a

biennial Effluent Guidelines Plan. The Agency requests comment on the

proposal and will publish a final plan following the close of the

comment period.

DATES: Comments must be received on or before August 2, 1996.

ADDRESSES: Submit comments in writing to: Water Docket Clerk (4101),

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, Room 2616 Mall, 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.

FOR FURTHER INFORMATION CONTACT: Eric Strassler, EPA Engineering and

Analysis Division, telephone 202-260-7150.

SUPPLEMENTARY INFORMATION:

I. Regulated Entities

II. Legal Authority

III. Introduction

A. Purpose of Today's Notice

B. Overview of Today's Notice

IV. 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

V. Today's Proposed Effluent Guidelines Plan

A. Effluent Guidelines Currently Under Development

1. Schedule for Ongoing Rulemaking

2. Changes in Rulemaking Scope, Schedules and/or Organization

a. Metal Products and Machinery

b. Pulp, Paper and Paperboard

c. Pharmaceutical Manufacturing

d. Transportation Equipment Cleaning

B. Process for Selection of New Effluent Guideline Regulations

1. Selection Criteria and Data Sources

a. Selection Criteria

b. Data Sources

2. New Rulemaking Activities

a. Iron and Steel Manufacturing

b. Other Rules

C. Preliminary Studies

1. Recently Completed Studies

a. Petroleum Refining

b. Metal Finishing

c. Textile Mills

d. Inorganic Chemicals

e. Steam Electric Power Generating

f. Iron and Steel Manufacturing

2. Ongoing Studies

a. Photographic Processing

b. Chemical Formulators and Packagers

3. Future Studies

a. Coal Mining

b. Feedlots

c. Stormwater Discharges

d. Hospitals

e. Ore Mining and Dressing

f. Glass Manufacturing

g. Canmaking

h. Organic Chemicals, Plastics and Synthetic Fibers

i. Pulp, Paper and Paperboard

j. Generic Effluent Guideline Issues

D. Other Rulemaking Actions

1. Leather Tanning and Finishing

2. Ore Mining and Dressing

3. Marine Discharges from Vessels of the Armed Forces

VI. Recommendations of the Effluent Guidelines Task Force

A. Data Sources

B. Criteria for Selecting Industries for Preliminary Studies

C. Design of Preliminary Studies

VII. Request for Comments

VIII. Economic Impact Assessment; Executive Order 12866

Appendix A--Promulgated Effluent Guidelines

Appendix B--Current and Future Rulemaking Projects

Appendix C--Preliminary Studies

I. Regulated Entities

Today's proposed plan does not contain regulatory requirements and

does not provide specific definitions for each industrial category.

Entities potentially affected by decisions regarding the final plan are

listed below.

------------------------------------------------------------------------

Category of entity Examples of potentially affected entities

------------------------------------------------------------------------

Industry..................... Pulp, Paper and Paperboard; Pesticide

Formulating, Packaging and Repackaging;

Coastal Oil and Gas Extraction;

Centralized Waste Treatment;

Pharmaceutical Manufacturing; Metal

Products and Machinery; Landfills and

Incinerators; Industrial Laundries;

Transportation Equipment Cleaning; Iron

and Steel Manufacturing; Coal Mining;

Feedlots; Hospitals; Ore Mining and

Dressing; Glass Manufacturing; Canmaking

------------------------------------------------------------------------

To determine whether your facility would be regulated, you should

carefully examine the applicability criteria in the appropriate

proposed rule (previously published or forthcoming). Citations for

previously published proposed rules and schedules for forthcoming

proposed rules are provided in Appendix B of today's notice.

II. 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 requires EPA to

publish a biennial Effluent Guidelines Plan, schedule review and

revision of existing regulations and identify categories of dischargers

to be covered by new regulations.

III. 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 10 rules listed in the 1994 Effluent

Guidelines Plan (59 FR 44234, August 26, 1994). 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,

Phases 1 and 2; Landfills and Incinerators; Industrial Laundries; and

Transportation Equipment Cleaning.

2. Begin development of revised effluent guidelines for the Iron

and Steel Manufacturing category.

3. Initiate three preliminary studies to assist in determining

whether new or revised rules should be developed for particular

categories. Each preliminary

[[Page 35043]]

study will generally take approximately two years to complete.

4. Complete preliminary studies on the Photographic Processing and

Chemical Formulating and Packaging industries.

5. Plan for development of seven additional effluent guidelines,

either new or revised. The point source categories to be covered by

these guidelines will be identified in future biennial Effluent

Guidelines Plans. EPA's current plan is to begin development of one

additional rule in 1996 and two rules each year from 1997 to 1999, with

proposed rules published between 1998 and 2001, and final action taken

between 2000 and 2003 respectively.

IV. 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 1977 amendments to the 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 best

practicable control technology currently available (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

these types of pollutants or they can be adequately controlled through

local pretreatment limits.

For the toxic pollutants listed in sec. 307(a), and for

nonconventional pollutants, secs. 301(b)(2)(A), (C), (D) and (F) direct

the achievement of effluent limitations requiring application of best

available technology economically achievable (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 new source performance standards (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. Generally the NSPS limitations are to

be as stringent, or more stringent than BAT limitations for existing

sources within the industry category or subcategory.

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. 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.

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 sections 307(b) and (c)

apply to the discharge of pollutants from non-domestic sources which

interfere with or pass through publicly owned treatment works (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.

To ensure that effluent guidelines remain current with the state of

the industry and with available control technologies, section 304(b) of

the Act provides that EPA shall revise the effluent guidelines at least

annually if appropriate. In addition, section 301(d) provides that EPA

shall review and if appropriate, revise any effluent limitation

required by section 301(b)(2).

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 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.

[[Page 35044]]

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. 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 of information. 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.

EPA works with interested stakeholders early in the regulation

development process. State and local regulatory officials familiar with

the industry are consulted, and business associations and citizen

groups are also invited to share information.

Regulatory information about industry categories is obtained by EPA

largely through its survey questionnaires, site visits and 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 site visits and 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 and detailed monitoring

data are used to characterize the pollutants found in discharges. Site

visits are also 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, Pulp and Paper, Pharmaceuticals, and Offshore Oil and

Gas 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 been conducted

specifically to support 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.

The Regulatory Flexibility Act of 1980, as amended by the Small

Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) (Title

III of Pub.L. 104-121, March 29, 1996), requires that EPA conduct

regulatory flexibility analyses for rules which have a significant

impact on a substantial number of small entities. These analyses are to

assess the impact of the rule on small entities and consider

alternative ways of reducing those impacts. Section 344 of SBREFA also

requires EPA to organize a ``small business advocacy review panel'' for

each rule where a regulatory flexibility analysis is required.

Prior to publishing a proposed rule, EPA usually conducts a public

meeting to discuss the Agency's findings and describe the general

outlines of the rule. Following publication, a hearing is conducted

during the public comment period, and supplemental notices of new data

may be published, if appropriate.

The Agency's outreach efforts to improve the regulatory development

process have involved some industries subject to effluent guidelines.

One such special effort is the Common Sense Initiative (CSI), a

committee established under the Federal Advisory Committee Act

(FACA)(Pub.L. 92-463). Through CSI, EPA has brought together federal,

state, and local government representatives, environmental interest and

environmental justice leaders, labor representatives, and industry

executives to examine the full range of environmental requirements

affecting six pilot industries. These six teams are exploring

comprehensive strategies for environmental protection which include

regulatory and voluntary approaches on which all can agree. Two of the

six teams, Metal Finishing and Iron and Steel, are discussing effluent

guidelines issues as well as other regulations. EPA looks forward to

receiving recommendations from these CSI teams.

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. Browner (D.D.C. Civ. No.

89-2980, January 31, 1992, as modified). The Decree commits EPA to

schedules for proposing and

[[Page 35045]]

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 and other

information (such as public comments and recommendations from state and

local governments) 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 V of today's notice.

Since 1992, EPA and NRDC have agreed to several modifications of

the Decree consisting of deadline extensions for certain rules.

V. 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 10 categories. (These categories were listed in

the Agency's 1994 Effluent Guidelines Plan.) The categories and actual

or Consent Decree dates for proposal and final action are set forth in

Table 1.

Table 1.--Effluent Guidelines Currently Under Development

------------------------------------------------------------------------

Proposal Final action

-------------------------------

Category Consent decree

or actual Consent decree

------------------------------------------------------------------------

Pulp, Paper and Paperboard.............. 12/17/93 (\1\)

Pesticide Formulating, Packaging, and

Repackaging............................ 4/14/94 9/96

Centralized Waste Treatment............. 1/27/95 \2\ 9/96

Coastal Oil and Gas Extraction.......... 2/17/95 10/96

Pharmaceutical Manufacturing............ 5/2/95 \2\ 8/96

Metal Products and Machinery, Phase..... 15/30/95 2,3 9/96

Industrial Laundries.................... \2\ 12/96 \2\ 12/98

Transportation Equipment Cleaning....... \2\ 12/96 \2\ 12/98

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

Metal Products and Machinery, Phase 2... \3\ 12/97 2,3 12/99

------------------------------------------------------------------------

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

January 31, 1992 consent decree.

\2\ EPA is discussing extensions to Consent Decree dates with NRDC.

\3\ EPA is considering merging Phases 1 and 2 of the Metal Products and

Machinery rule. See discussion below.

The Agency has only recently received funding for Fiscal Year 1996,

and funding restrictions may affect rulemaking schedules. EPA is

discussing extensions to all the Consent Decree dates with NRDC, for

both budgetary reasons and specific policy, technical and

administrative issues in some regulations.

2. Changes in Rulemaking Scope, Schedules and/or Organization

a. Metal Products and Machinery. EPA is considering merging Phases

1 and 2 of the Metal Products and Machinery rule. The Phase 1 proposed

rule, covering seven industry sectors, was published on May 30, 1995

(60 FR 28209). Such a merger would mean that EPA would not proceed with

a final rule for Phase 1, but would issue a new proposal covering both

phases (15 sectors total) and promulgate a final rule covering both

phases.

There are several reasons why a single final rule for this category

would be desirable:

The same basis and applied metals as well as the same

manufacturing and wastewater treatment unit operations typically are

used throughout both phases of the MP&M category. The classification of

a facility as MP&M Phase 1 or Phase 2 should not affect its ability to

treat its wastewater to a given level.

The complexities of having different effluent limits

across the two phases (for the same pollutant and level of control)

would be avoided. Having one set of effluent limits for the MP&M

category greatly simplifies implementation for POTWs and compliance for

facilities.

Merging these rules would allow EPA to use POTW survey

data being collected for Phase 2 to develop more precise estimates of

the administrative burden for all sectors, and to consider aggregated

environmental impacts and compliance costs.

Opportunities to explore alternative permitting

requirements such as BMPs would be enhanced.

The additional time needed for a combined rule would allow

more extensive stakeholder involvement. For example, members of the

Metal Finishing CSI team have expressed interest in working with EPA on

obtaining additional data, and POTWs and NPDES permit authorities will

be able to provide more substantive data on implementation issues.

EPA invites comment on the merits of combining the two phases into

one rule.

b. Pulp, Paper and Paperboard. EPA issued the proposed Pulp, Paper

and Paperboard ``Cluster Rules'', covering both effluent guidelines and

National Emission Standards for Hazardous Air Pollutants (NESHAP), on

December 17, 1993 (40 CFR part 430, 58 FR 66078). The proposed effluent

guidelines were organized into 12 subcategories.

EPA plans to promulgate final effluent guidelines for two

subcategories later this year: Bleached Papergrade Kraft and Soda

(proposed Subpart B), and Papergrade Sulfite (proposed Subpart E). At

least eight of the remaining subcategories will be addressed in a final

rule expected in 1997: Unbleached Kraft; Semi-Chemical; Mechanical

Pulp; Non-Wood Chemical Pulp; Secondary Fiber Deink; Secondary Fiber

Non-Deink; Fine and Lightweight Papers from Purchased Pulp; Tissue,

Filter, Non-Woven, and Paperboard from Purchased Pulp (proposed

Subparts C, F, G, H, I, J, K and L, respectively). Two remaining

subcategories, Dissolving Kraft (proposed Subpart A) and

[[Page 35046]]

Dissolving Sulfite (proposed Subpart D), will be addressed in a

subsequent rule.

c. Pharmaceutical Manufacturing. EPA published a proposed rule for

the Pharmaceutical Manufacturing Category on May 2, 1995 (60 FR 21592).

In that notice, the Agency stated that it is required by the Clean Air

Act Amendments of 1990 (CAAA) to promulgate NESHAP regulations by 1997;

no NESHAP regulations were proposed along with the water regulations.

In developing the proposed effluent guidelines and standards, EPA

coordinated its efforts to make sure that the rule would be consistent,

within the constraints of the governing statutes, with the forthcoming

air emissions standards. The Agency's analysis of industry wastewater

showed a substantial portion consists of volatile organic compounds

which pose a risk to human health through increased exposure to

carcinogens and increased exposure to systemic toxicants from

atmospheric exposure.

The Agency intends to propose the NESHAP in November 1996, and

promulgate the standards in November 1997. The current Consent Decree

for effluent guidelines requires promulgation for the pharmaceutical

industry by August 1996. While EPA's original intent was to issue

separate air and water rules utilizing a common technology basis, the

Agency is considering the merits of jointly promulgating the air and

water regulations by the 1997 CAAA deadline. The Agency believes that a

single promulgation of industry standards will be beneficial in terms

of consistency and clarity, and will result in more integrated multi

media regulatory controls. EPA also believes that these benefits would

outweigh benefits that might be obtained from a slightly earlier

promulgation of the effluent guidelines alone.

EPA invites public comment on the merits of simultaneous

promulgation of air and water standards for this industry.

d. Transportation Equipment Cleaning. EPA began development of

effluent guidelines for the Transportation Equipment Cleaning industry

assuming that the scope would include effluent generated from the

interior cleaning of tank trucks, rail tank cars, and tank barges, and

the exterior cleaning and de-icing of aircraft. However, as a result of

data collection and analysis, the Agency has decided to limit the scope

of the rule to effluent generated from tank and container interior

cleaning.

Last year EPA decided to exclude aircraft exterior cleaning and de-

icing from the current effluent guidelines development effort because

of other Agency requirements recently promulgated under the stormwater

program (60 FR 51215, September 29, 1995). New stormwater permits

applicable to airports require implementation of pollution prevention

plans to control stormwater discharges. EPA anticipates that the

stormwater permit program will reduce, and may eliminate the need for a

specific effluent guideline covering these discharges.

The Agency will track the effectiveness of stormwater pollution

prevention efforts to control deicing discharges and other airport

stormwater runoff and decide later if an effluent guideline is

necessary for aircraft exterior cleaning and de-icing.

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 had 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. EPA considers three kinds of criteria for

selection of categories: environmental factors, utility to states and

POTWs, and economic impacts. 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 (developed for most of the 126 priority pollutants and

hundreds of nonconventional pollutants) are calculated using the mass

loading of a pollutant (measured in pounds), multiplied by a weighting

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, a 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.

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.

[[Page 35047]]

The economic impact factors consist of cost and economic

achievabilty of additional controls, and investment cycle. The cost and

economic achievability factor is an estimate based on the Agency's

projection of what the ``best available technology'' would be in a new

or revised regulation, and the impacts of such costs on the industry.

The investment cycle factor is a consideration of the timing of an

industry's capital investments in equipment. This is based on an

assumption that if there is a periodic equipment replacement cycle for

an industry, the economic impact of a new or revised regulation may be

less if the compliance period coincides with the replacement cycle.

These economic factors are difficult to estimate in the absence of

detailed questionnaire data and other information that are gathered

during a regulation development project, but EPA attempts to assemble

some economic projections during its preliminary studies.

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 V below.

b. Data Sources. The Agency evaluates which categories should be

subject to new or revised effluent guidelines using the following

sources of information:

Recommendations from NPDES permit writers in its own

regional offices and State agencies.

Recommendations from POTWs and the Association of

Metropolitan Sewerage Agencies (AMSA).

Preliminary studies of industries, which are discussed

further in section IV.C of today's notice.

Rulemaking records from existing effluent guidelines,

which document unresolved issues from past rulemaking activity for some

categories.

Other EPA reports, such as the annual Toxic Release

Inventory (TRI), ``An Overview of Sediment Quality in the United

States'' (EPA 905/9-88-002, June 1987), and ``National Sediment

Contaminant Point Source Inventory: Analysis of Facility Release Data''

(Draft, May 1996).

Reviews of variance requests and petitions.

Public comments.

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. New Rulemaking Activities

The 1992 consent decree requires that EPA begin rulemaking on two

categories in 1996, and start work on two more in 1997.

a. Iron and Steel Manufacturing. EPA has decided to develop

revisions for the Iron and Steel Manufacturing category (40 CFR part

420). This decision is based on consideration of a preliminary data

summary on the category recently prepared by the Agency. Initial

development of a proposed rule will begin later this year, with

proposal scheduled for December 2000 and promulgation scheduled for

December 2002. The preliminary data summary is discussed below in

section IV.C.1.

b. Other Rules. EPA has not yet selected additional rulemaking

projects. EPA is not proposing specific industrial categories for

selection 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.

Textile Mills.

Inorganic Chemicals.

Steam Electric Power Generating.

Photographic Processing.

Chemical Formulators and Packagers.

Other categories being considered for preliminary studies.

Recent, ongoing and future preliminary studies are discussed briefly in

Section IV.C of today's notice. The public is invited to comment on

these categories, as well as recommending other categories for

development of new or revised effluent guidelines.

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. 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. 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 discharges (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);

Cost 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).

The type and level of detail 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

[[Page 35048]]

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.

1. Recently Completed Studies

a. Petroleum Refining. The BAT regulations for the Petroleum

Refining category were promulgated in 1982 at 40 CFR part 419. The

preliminary data summary, completed in 1994, compared data collected by

EPA in 1992 and 1993 with data collected for the 1982 rule in the late

1970s.

Historically, U.S. petroleum refineries have been large water

users. The industry has changed significantly since the previous

rulemaking with regard to patterns of water usage and product

formulations. Many of the refineries studied use well below 50 percent

of the flows predicted by the Agency's 1982 BPT and BAT flow models,

with some refineries as low as 15 percent of their water use rates

predicted by the BPT flow model. (The BAT regulations did not require

any further flow reductions; however, as a result of litigation, the

1986 amendment to BAT and NSPS incorporated additional flow reduction

as part of the basis for limitations for phenol and total chromium.)

Refineries have modified product formulations such as gasoline to

comply with Clean Air Act requirements covering volatile organic

compounds and lead. Such manufacturing process changes have led to

modifications of wastewater collection systems, which may still be

underway at some facilities.

A summary of the treatment technologies that are identified as

currently in place is presented in the report. Of the 27 refineries

studied, 20 are direct dischargers and 7 are indirect dischargers. All

of the 20 direct discharging refineries have some form of biological

treatment. Three have sand filtration and one facility has an in-plant

activated carbon system in addition to biological treatment.

A summary of the effluent data collected from six refineries

visited as part of this study compares the pollutants covered by BPT

with the concentrations used as a basis to develop the BPT limitations

in 1974. Effluent concentration data are also summarized for a number

of other pollutants, including pollutants covered by the current

effluent guidelines. These data were obtained from the following

sources:

Average concentration data (over a one year period)

collected during Environment Canada's ``Seven Refineries Study''

conducted in 1989;

Long term average data collected from seven U.S.

refineries during the Canadian study;

EPA's Permit Compliance System (PCS) covering 138 direct

discharging refineries for 1992.

A preliminary assessment of the pollutant loadings and potential

water quality impacts of discharges from petroleum refining facilities

to surface waters and POTWs, using readily available data and

information sources on refinery wastewater volume and constituents,

annual loadings and average concentration, are estimated in the

summary. In addition, potential aquatic life and human health impacts

are summarized based on a review of documented environmental impacts

and a review of the physical-chemical properties and toxicity of

pollutants associated with wastewater discharges from the petroleum

refining industry.

EPA's categorization of the 98 pollutants of interest, based on

their fate and impact, indicated that approximately one quarter of the

pollutants exhibit high or moderate acute toxicity to aquatic life. EPA

classifies 23 of the pollutants as potential carcinogens, while 52 are

recognized as human systemic toxicants. Of the pollutants of concern,

41 have EPA-assigned concentration limits for drinking water

protection. Approximately half of the pollutants are expected to

biodegrade fast or moderately fast in oxygenated water. However,

several highly to moderately toxic pollutants are resistant to

biodegradation or only slowly biodegrade. Whole effluent toxicity (WET)

tests done at 47 petroleum refining facilities in Texas, Louisiana, and

Oklahoma showed approximately 40 percent failed at least one WET test

for acute, chronic, or sublethal effects. Tests conducted at five

refineries in the San Francisco Bay region were in compliance with

chronic WET test requirements. Twenty petroleum refining facilities are

identified by States as point sources impairing (or contributing to

impairment of) water quality and are included on their CWA Section

304(l) ``Short List'', which identifies facilities discharging to

impaired water bodies. Three cases of sediment contamination are

identified with petroleum refineries based on a 1987 report.

b. Metal Finishing. The Metal Finishing regulations were

promulgated in 1983 at 40 CFR part 433. The preliminary data summary,

completed in 1994, briefly summarized the Metal Finishing regulations

and a related category, Electroplating, promulgated in 1981 at 40 CFR

part 413. The summary also discussed then-current efforts in the

development of the Metal Products and Machinery (MP&M) rule. Because

the MP&M rule was expected to significantly overlap in coverage with

the Metal Finishing rule, the preliminary data summary deferred

additional technical, economic and environmental assessment of the

industry.

c. Textile Mills. The Textile Mills regulations were promulgated in

1982 at 40 CFR part 410. EPA completed its study of the industry in

1995. The numbers of establishments engaged in the manufacture of

textile products were estimated at nearly 6,000. Approximately 35 to 50

percent are engaged in wet processing (dyeing, finishing, printing and

coating), and at least 90 percent of these sources discharge their

process wastewater to POTWs. Water conservation programs developed by

textile facilities have reduced the total volume of wastewater

discharged through more efficient use of process water. Compared with

1980, the industry in 1993 averaged 22 percent less water per pound of

fiber processed. A survey of POTWs afforded a review of the

pretreatment technologies and innovative pollution prevention

techniques that are currently being employed by textile users of POTWs.

Pollutant parameters in textile process wastewater were

characterized before and after treatment. Available data indicated: (1)

Few organic priority pollutants were identified consistently and, when

detected, were quantified at very low concentrations (less than 100

ppb); and (2) metal parameters consistently detected at low levels

include: copper, chromium, and zinc. At textile operations using

metallized dyes, copper, chromium or nickel are often chelated by

organic ligands to form water-soluble metal complexes. While their

solubility limits the removal of such metal complexes during biological

treatment, complexation also suppresses the immediate and subsequent

bioavailability (toxicity) of metal species in the treated wastewater.

Although most textile facilities engaged in wet processing

discharge their wastewater to POTWs, a survey of POTWs with textile

users did not identify any general operational problems that could be

related to the lack of categorical pretreatment standards for this

industry. In the absence of categorical pretreatment standards, each

POTW surveyed has developed local limits for those parameters it has

determined must be controlled to assure compliance with its own NPDES

permit.

[[Page 35049]]

d. Inorganic Chemicals. The Inorganic Chemicals regulations were

promulgated in 1982 (Phase 1) and 1984 (Phase 2) at 40 CFR part 415.

EPA completed its study of the industry in 1994. EPA identified

approximately 51 chlor-alkali facilities, 47 inorganic pigment

facilities, 140 industrial gas facilities, and 422 other inorganic

chemical manufacturing facilities. These are believed to represent

nearly complete coverage of this category in the United States.

Inorganic chemicals are mostly used by major manufacturing industries

to produce automobiles, steel, paper, petroleum products, and housing

materials.

EPA identified 30 inorganic pollutants and their compounds (13

priority and 17 nonconventional) as pollutants of interest in the

wastewater discharges from inorganic chemical manufacturing facilities.

These include 15 metals, one metal oxide, two non-metallic elements,

five inorganic acids, and seven other inorganic compounds. An analysis

of 1992 data from PCS indicates that permit limits for copper and zinc

are exceeded most frequently of the 12 metals examined. A chemical load

analysis of the data shows that zinc represents the vast majority of

total discharge quantity (about 70 percent) followed by chromium and

nickel. A one-year chemical load analysis of surface water releases and

transfers to POTWs of inorganic chemicals using 1992 TRI data shows

that 5.4 million pounds are being released to surface waters and 27.1

million pounds are being transferred to POTWs. Ammonia, ammonium

nitrate and ammonium sulfate represent the vast majority of total

releases, with ammonia being reported most frequently. Mercury was the

most frequently reported metal in discharges from the 1992 TRI

facilities. The total discharge of priority pollutants from the

Inorganic Chemicals Manufacturing Category is estimated at 0.51 million

pounds per year.

EPA's categorization of the 30 pollutants of interest, based on

their potential environmental fate and impact, indicates that one-third

of the pollutants (10 of 30), primarily metals in their elemental form,

are highly toxic to aquatic life. The Agency has set drinking water

maximum contaminant level standards for approximately one-third of the

pollutants (11 of 30), and about half (16 of 30) have been identified

as human systemic toxicants. EPA classifies arsenic, cadmium, and lead

as Class A, B1, and B2 carcinogens, respectively. Calculated toxic

weighted loads, based on toxicity and bioaccumulation potential,

indicate that approximately 40 percent of the weighted surface water

releases are from priority pollutants and approximately 30 percent of

POTW transfers are from priority pollutants. States, in developing

lists of point sources impairing water quality under sec. 304(l),

identified 27 inorganic chemical manufacturing facilities. Inorganic

chemical manufacturing ranks first among 40 industrial categories as a

source of potential sediment contaminants in a 1995 draft EPA report

(``National Sediment Contaminant Point Source Inventory: Analysis of

Release Data for 1992'', EPA Office of Science and Technology, May 1995

draft). EPA also reports 12 cases of possible sediment contamination

associated with inorganic chemical manufacturing.

e. Steam Electric Power Generating. The Steam Electric Power

Generating regulations were promulgated in 1982 at 40 CFR part 423. The

Preliminary Data Summary for the Steam Electric Point Source Category

was completed in 1995. The 1982 Guidelines and Standards are currently

being applied to about 900 utility steam electric facilities, and

potentially to over one thousand non-utility steam electric generators.

Steam electric generation is by far the Nation's largest industrial

water user, estimated at over 110 trillion (110 x 1012) gallons

per year.

Pollutants of concern for this industry include chlorine, mercury,

arsenic, copper, zinc and lead. EPA estimates a total annual pollutant

load of 22 million pounds, of which 727 thousand pounds are priority

pollutants, based on 1992 PCS data. Chlorine and iron represent the

vast majority of total loads, being 34 and 40 percent respectively.

Zinc and copper represent the majority of priority pollutant loads,

respectively comprising 37 and 28 percent of the total. When arranged

by toxic weighted pounds chlorine is found to be the most significant

pollutant, comprising 70 percent of total toxic pounds-equivalent.

Mercury and arsenic contribute the greatest number of toxic pounds-

equivalent among the priority pollutants. These estimated pollutant

loading represent only 361 of the 910 U.S. steam electric utility

plants operating in 1992, due to insufficient data for the excluded

facilities.

The Steam Electric Industry ranks third among 44 industrial

categories as a source of potential sediment impact. Categorization of

the 53 pollutants of interest based on their environmental fate and

impact indicate that 22 of the 53 are highly or moderately toxic to

aquatic life. A review of documented environmental impacts shows that

States identify 39 steam electric facilities as point sources impairing

water quality based on their CWA Section 304(l) ``short list.''

Due to many changes that have occurred in this industry since the

1982 rule, the current guidelines and standards do not address issues

such as:

``Non-utilities'', mainly comprised of cogenerators and

renewable fuel burners,

Combined cycle generators, with gas turbine exhaust heat

driving a steam turbine,

Use of bromine and other biocides in place of chlorine,

Zebra mussel control strategies, and

Wastewaters from a growing population of non-steam

electric generators.

f. Iron and Steel Manufacturing. The Iron and Steel Manufacturing

regulations were promulgated in 1982 at 40 CFR part 420 and amended in

1984. EPA completed its study of the industry in 1995. The industry has

consolidated and modernized in the past fifteen years. Integrated mills

continue to ``down-size'' to reflect changes in the demand of different

steels and to remain competitive. ``Mini-mills'' continue to grow due

to their ability to make higher quality steels. Coking operations are

declining due to changes in iron-making processes. Continuous casting

is now the norm for the industry due to the higher energy efficiency of

the process over the traditional piecemeal casting operations. These

changes are believed to be fostered by domestic and world competition.

The 300 industry facilities are becoming more efficient. This has

led to substantial changes in how the industry operates. Pollutant

loadings are down due to improved recycle rates on many unit

operations, more efficient processing of conventional operations,

elimination of obsolete processes, improved computerization of

manufacturing, changes in market demands, and improved treatment

processes. Many better-performing mills are discharging wastewater

loadings far below EPA's current standards.

However, not all of the industry has kept pace with the improved

operations or pollution prevention opportunities. Forty mills are

included on the sec. 304(l) ``short list'', and a number of mills

continue to discharge in excess of current effluent guidelines.

Facilities in 10 of the 12 subcategories discharge some toxic and

nonconventional pollutants that are not covered in the current

regulation. Changes made by the industry in its cold forming operations

have rendered some current standards inapplicable, and some elements of

the current regulation are obsolete. Many better-performing mills are

discharging

[[Page 35050]]

wastewater loadings far below EPA's current standards (e.g.,

Sec. 420.01(b), involving centralized waste treatment).

Revised effluent guidelines for the Iron and Steel industry could

result in a substantial reduction in pollutants discharged: as much as

29 million pounds per year of total suspended solids, 6.9 million

pounds of oil and grease, and 710,000 pounds of ammonia-N.

2. Ongoing Studies

a. Photographic Processing. The Photographic regulations were

promulgated in 1976 for BPT (direct dischargers) only, at 40 CFR part

459. Subsequent to promulgation of the BPT rule, EPA collected some

additional information to support development of BAT, NSPS and

pretreatment standards, but no additional rules were promulgated. As of

1980, the Agency estimated that 99 percent of 11,000 photographic

processing facilities were indirect dischargers. Several POTWs have

recommended that EPA develop categorical standards for indirect

dischargers. While processing facilities are believed to be widely

dispersed across the United States, POTW efforts vary considerably.

Some POTWs have implemented local limits for silver and perhaps other

pollutants, while others have no specific mechanisms for this industry.

EPA is reviewing the pollutants of concern (such as silver,

cyanide, and chromium), what technologies are available for controlling

discharges and POTWs' efforts to address the discharges by means of

local limits or other mechanisms. In addition to working with states

and POTWs, the Agency is consulting with business associations in the

review of industry-recommended silver management practices.

b. Chemical Formulators and Packagers. Chemical formulators and

packagers (CFP) purchase concentrated chemical products from chemical

manufacturers, and mix or otherwise formulate and/or package them into

end-use products for sale to consumers, businesses and institutions.

CFP facilities are similar to pesticide formulating, packaging and

repackaging (PFPR) facilities in that some discharge wastewater, while

others have no discharge. However, some CFP facilities are not covered

by either the impending PFPR final rule, the Organic Chemicals,

Plastics and Synthetic Fibers (OCPSF) category (40 CFR part 414), nor

the Inorganic Chemicals category (40 CFR part 415).

In the course of developing the PFPR rule, EPA acquired some data

on CFP facilities. EPA will continue to review these data and develop a

profile of the industry's discharges.

3. Future Studies

EPA intends to begin three preliminary studies in 1996. Studies are

being considered on the following subjects:

a. Coal Mining. Regulations for the Coal Mining category were

promulgated in 1982 at 40 CFR part 434. The Agency is aware of several

issues that have emerged subsequent to the rulemaking or that were not

resolved in the promulgated rule. These include the question of whether

there should be separate subcategories for remining operations and

western coal mines; whether limitations on manganese discharges should

be revised; whether the criteria for ``bond release'' as defined at 40

CFR 434.11(d) should be revised; and whether discharges related to

methane gas production should be regulated in Part 434.

b. Feedlots. Regulations for the Feedlots category were promulgated

in 1974 at 40 CFR part 412. The effluent guidelines, which apply to

feedlots of 1,000 or more animal units (AUs), contain limitations

requiring no discharge of process wastewater pollutants, based on

treatment of wastes in lagoons or holding ponds. The Agency is aware of

several issues which could be explored in a preliminary study. These

include:

Changes in industry (e.g., there has been an increase in

recent years in the number of large corporate hog farms)

The ability of facilities to comply using technology that

was the basis for the 1974 effluent guidelines during chronic rainfall

and snowmelt runoff events

Regulatory coverage of livestock markets

Proper runoff control structure dewatering to maintain

free-board and land disposal of contained runoff by techniques

consistent with non-point source controls.

c. Stormwater Discharges. Stormwater discharges are explicitly

addressed in several effluent guidelines, such as Fertilizer

Manufacturing (40 CFR Part 418) and Coal Mining (40 CFR part 434). In

addition, discharges associated with industrial activity and from

municipal separate stormwater sewer systems serving a population of

100,000 or more are subject to NPDES stormwater permitting requirements

at 40 CFR 122.21 and 122.26. The stormwater permit program is being

implemented by EPA and States utilizing the NPDES regulations and

permits, including individual, general and sector permits. The Agency

is considering whether development of additional technical information

and guidance on characterizing stormwater discharges and evaluating the

efficacy of controls would be useful to discharging facilities in

complying with permit requirements. EPA may conduct a study to explore

what kinds of documentation would be helpful. For example, the Agency

could develop a compilation of municipal stormwater control techniques

appropriate for specific situations, along with cost models and cost-

effectiveness analyses.

d. Hospitals. BPT regulations for the Hospitals category were

promulgated in 1976 at 40 CFR part 460. EPA published a Preliminary

Data Summary on the Hospitals category in 1989. The 1989 summary

reported that there were 6,870 registered hospitals in the United

States as of 1985, and approximately 97 percent of these were indirect

dischargers. A principal pollutant of concern from hospital discharges

has been silver, emanating from processing of x-ray images. While some

hospitals employ silver recovery systems, a national PSES limitation

for silver may be useful to some POTWs in promoting fuller control of

silver discharges. Recommended silver management practices developed by

the photographic industry may be reviewed for relevancy to addressing

hospital discharges. Additionally, the Agency may explore discharges

associated with procedures for deactivation of infectious waste,

including discharges from scrubber water of on-site incinerators.

e. Ore Mining and Dressing. Most portions of the Ore Mining and

Dressing category were promulgated in 1982 at 40 CFR part 440. (Subpart

M, Gold Placer Mining Subcategory, was promulgated in 1988). EPA may

study issues stemming from a pending action affecting some gold mines

under Subpart J (see section IV.D.2 of today's notice), and may also

examine the need for revised analytical methods for cyanide, which

affects multiple subcategories in part 440.

f. Glass Manufacturing. BPT regulations for the Glass Manufacturing

category were promulgated in 1974 at 40 CFR part 426. The Agency is

aware of changes in industry manufacturing practices since 1974 that

may affect wastewater discharge characteristics, and revisions to the

effluent guidelines may be appropriate. For example, there are new

processes for manufacturing light bulbs and fiber optics, and there has

been a substantial increase in production of float glass, while plate

glass manufacturing has declined.

[[Page 35051]]

g. Canmaking. Regulations for the Canmaking subcategory of the Coil

Coating category were promulgated in 1983 at 40 CFR part 465, Subpart

D. One of the pollutant parameters included in this subcategory is

Total Toxic Organics (TTO). EPA's inclusion of the TTO limit was based

on the industry's use of can sealant compounds. The Agency has received

reports from some POTWs that industry may no longer be using these

compounds, but POTWs continue to require TTO monitoring because the

limitation remains in the regulation. EPA may investigate the TTO issue

to determine whether a revision to the limitation is appropriate.

h. Organic Chemicals, Plastics and Synthetic Fibers. Regulations

for the OCPSF category were promulgated in 1987 at 40 CFR part 414. EPA

may conduct a retrospective study of the industry's actual compliance

strategies and incurred costs for complying with the final regulation

in comparison to the Agency's projected technology bases and estimated

costs of compliance used for developing the regulation. The Agency

establishes end-of-pipe numerical standards based on the performance of

specific waste management and wastewater treatment unit operations.

Individual plants may select appropriate wastewater management

practices and treatment alternatives to comply with the numerical

standards. This study would identify the selected in-plant and end-of-

pipe wastewater treatment unit operations and determine the extent to

which process modifications, source reduction, water conservation, and

pollution prevention were used to meet the numerical standards. The

study would identify the actual costs incurred to comply with the

regulation and compare them to the Agency's estimated engineering costs

of compliance. This information may assist the Agency in improving the

accuracy of its general approach to estimating the engineering costs of

compliance.

i. Pulp, Paper and Paperboard. The proposed rule for the Pulp,

Paper and Paperboard Category included BPT, BCT and NSPS for

conventional pollutants for six of the proposed subcategories (Subparts

G, H, I, J, K, and L), but did not address toxic and nonconventional

pollutant discharges. EPA is aware of increased activity in the

secondary fiber and deinking segments of the industry, and may conduct

a study focusing on toxic and nonconventional pollutant discharges from

these and other mills in these subcategories.

j. Generic Effluent Guideline Issues. A number of suggestions which

could affect numerous existing or planned effluent guidelines have been

raised in the context of recently proposed regulations. Several of

these suggestions involve implementation of effluent guidelines, while

others directly impact the content of effluent guideline regulations.

These suggestions include such things as allowing certification in lieu

of monitoring for specified pollutants under defined circumstances,

defining Best Management Practices in concert with concentration-based

limitations as an alternative to mass-based limitations, considering

exemptions for indirect dischargers below a cut-off point defined in

terms of either flow or pollutant loadings, and allowing a reduced

sampling frequency (e.g., once a year) for indirect dischargers under

defined circumstances. EPA is aware of a great interest in some of

these suggestions by the regulated community and local governments and

may conduct a study to evaluate the potential effects of implementing

these suggestions.

D. Other Rulemaking Actions

1. Leather Tanning and Finishing

EPA is promulgating minor revisions to pretreatment standards for

existing and new sources applicable to certain facilities in the

Leather Tanning and Finishing point source category (40 CFR part 425).

The facilities involved discharge process wastewaters to POTWs. EPA is

eliminating the upper (alkaline) pH limits for facilities in these

subcategories. Affected POTWs may still elect to set an alternative

upper (alkaline) pH limit based on local circumstances. EPA is

promulgating these changes as a ``direct'' final rule in order to

provide prompt implementation, which will allow facilities to minimize

any potential hazards to worker safety and health that may occur in the

absence of this rule.

This regulation is being promulgated in response to a petition

submitted by a trade association for the leather tanning industry, the

Leather Industries of America. The petition requests the Agency to

consider relaxing the upper pH limit for certain indirect dischargers.

The Agency is making 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.

2. Ore Mining and Dressing

EPA is proposing to exempt a waste stream from existing effluent

guidelines for the Copper, Lead, Zinc, Gold, Silver and Molybdenum Ores

Subcategory of the Ore Mining and Dressing Category (40 CFR part 440,

Subpart J). The Agency published a proposed rule on February 12, 1996

(61 FR 5364).

Dewatered tailings generated by the Alaska-Juneau (A-J) gold mine

project near Juneau, Alaska would be affected by this proposal. The use

of impoundments or ``tailings ponds'' was an important component of the

technology basis of the existing regulations, which were promulgated in

1982. EPA is proposing this exemption based on the results of a

preliminary review of the technology basis for the existing regulations

that appear to show that, because of the severe topographic and

climatic conditions that exist at the A-J site, the use of a tailings

impoundment is impractical. If constructed, an extraordinary amount of

wet weather runoff would flow into the impoundment which would make it

impracticable to treat the mill tailings. In addition, construction of

a massive tailings impoundment may result in long-term environmental

degradation and there are safety concerns with a pond of this size.

This proposal opens the way for the detailed evaluation of

alternatives for treatment of the tailings. The discharge of tailings

from the A-J project to marine waters, which otherwise would be

prohibited by Subpart J, could appropriately be evaluated. The proposal

does not in itself authorize or endorse any method of tailings

treatment or disposal. The discharge of tailings to marine waters would

require final revision of Subpart J under the proposal. EPA will

evaluate all comments and information received prior to making a final

determination, which the Agency currently expects to do by the end of

1996.

3. Marine Discharges from Vessels of the Armed Forces

Section 325 of the National Defense Authorization Act for Fiscal

Year 1996 (Pub. L. 104-106, February 10, 1996) amended the Clean Water

Act by adding sec. 312(n), which requires EPA and the Department of

Defense (DOD) to:

Determine discharges from vessels of the armed forces

requiring control

Promulgate performance standards for marine pollution

control

Promulgate regulations governing design, construction,

installation and use of marine pollution controls.

EPA is currently developing a plan with DOD to comply with sec.

312(n).

[[Page 35052]]

The amendment requires the discharge determination within two years of

enactment, promulgation of performance standards within two years of

discharge determination, and promulgation of other regulations within

one year after promulgation of standards.

VI. 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's Office of Research and Development. 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).

The Task Force has developed recommendations on three topics

pertinent to EPA's effluent guidelines planning process: data sources,

criteria for selecting industries for preliminary studies, and the

design of studies.

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, AMSA, States, 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.

C. Design of Preliminary Studies

The Task Force recommended that in cases where an industry and its

issues are documented, EPA should proceed directly to rulemaking rather

than conducting an intermediate preliminary study. This should only be

done where there is a preponderance of already assimilated information

indicating full rulemaking is appropriate, or in cases where

stakeholders have clearly indicated that effluent guidelines are

needed. Where there is uncertainty about the extent of industrial

discharges and comparability to other categories, a study should be

conducted.

VII. Request for Comments

EPA invites public comment on its plans for development of effluent

guidelines and preliminary studies. Comments will be accepted until

August 2, 1996. 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.

VIII. Economic Impact Assessment; Executive Order 12866

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 is not a ``rule'' and 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.

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: June 27, 1996.

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: Proposal F:

Category 40 CFR Part Promulgation Final 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 431 12/86 (BCT)

\1\.

Carbon Black Manufacturing........ 458 1/78

Cement Manufacturing.............. 411 8/79 (BCT)

[[Page 35053]]

Coal Mining....................... 434 10/82

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 469 4/83

Components.

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 464 10/85

(Foundries).

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) P 2/17/95; F 10/96

Other Subcategories........... .............. 11/79 (BPT)

Ore Mining and Dressing........... 440 12/82

Gold Placer Mining Subcategory .............. 5/88

Organic Chemicals, Plastics and 414 11/87

Synthetic Fibers.

Paint Formulating................. 446 7/75 S 1989

Paving and Roofing Materials...... 443 7/75

Pesticide Chemicals............... 455

Manufacturing................. .............. 9/28/93

Formulating, Packaging, .............. 4/78 (BPT) P 4/14/94; F 9/96

Repackaging.

Petroleum Refining................ 419 10/82 S 1993

Pharmaceutical Manufacturing...... 439 10/83 P 5/2/95; F 11/97 \2\

Phosphate Manufacturing........... 422 6/76

Photographic Processing........... 459 7/76 (BPT) S 1996

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 \1\

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. The

Pulp, Paper and Paperboard rulemaking is not covered by the January 31, 1992 consent decree.

\2\ EPA is discussing extensions to Consent Decree dates with NRDC.

Appendix B--Current and Future Rulemaking Projects

------------------------------------------------------------------------

Category Proposed Final

------------------------------------------------------------------------

Pulp, Paper and Paperboard........ 12/17/93 (\1\)

(58 FR 66078)

Pesticide Formulating, Packaging 4/14/94 9/96

and Repackaging.

(59 FR 17850)

Centralized Waste Treatment....... 1/27/95 \2\ 9/96

(60 FR 5464)

[[Page 35054]]

Coastal Oil and Gas Extraction.... 2/17/95 10/96

(60 FR 9428)

Pharmaceutical Manufacturing...... 5/2/95 \2\ 8/96

(60 FR 21592)

Metal Products and Machinery, 5/30/95 \2\,\3\ 9/

Phase 1. 96

(60 FR 28209)

Industrial Laundries.............. \2\ 12/96 \2\ 12/98

Transportation Equipment Cleaning. \2\ 12/96 \2\ 12/98

Landfills and Incinerators........ \2\ 5/97 \2\ 5/99

Metal Products and Machinery, \2\ 12/97 \2\,\3\ 12/

Phase 2. 99

Iron and Steel Manufacturing...... \2\ 12/98 \2\ 12/00

1 category........................ \2\ 12/98 \2\ 12/00

2 categories...................... \2\ 12/99 \2\ 12/01

2 categories...................... \2\ 12/00 \2\ 12/02

2 categories...................... \2\ 8/01 \2\ 12/03

------------------------------------------------------------------------

Notes:

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

January 31, 1992 consent decree.

\2\ EPA is discussing extensions to Consent Decree dates with NRDC.

\3\ EPA is considering merging Phases 1 and 2 of the Metal Products and

Machinery rule.

See discussion above.

Appendix C--Preliminary Studies

------------------------------------------------------------------------

Category Complete

------------------------------------------------------------------------

Petroleum Refining......................................... 1993

Metal Finishing............................................ 1993

Textile Mills.............................................. 1994

Inorganic Chemicals........................................ 1994

Steam Electric Power Generating............................ 1995

Iron and Steel Manufacturing............................... 1995

Photographic Processing.................................... 1996

Chemical Formulators and Packagers......................... 1996

Three studies.............................................. 1997

(see discussion in Section IV.C.3)

------------------------------------------------------------------------

[FR Doc. 96-17030 Filed 7-2-96; 8:45 am]

BILLING CODE 6560-50-P