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Effluent Guideline Plan; Proposed Rule
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 26, 1994]
Part II
Environmental Protection Agency
40 CFR Ch. I
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.
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
- Ongoing Rulemakings
- 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:
- 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.
- Begin development of effluent guidelines for the Metal Products
and Machinery category, Phase 2.
- 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.
- 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
- 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
Final
Category Proposal action
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
\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:
<bullet> Petroleum Refining
<bullet> Metal Finishing
<bullet> Textile Mills
<bullet> Inorganic Chemicals
<bullet> Steam Electric Power Generating
<bullet> Iron and Steel Manufacturing
<bullet> 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, NonWoven,
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
40 CFR
Category part Proposed Final
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
\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
40 CFR
Category part Start Complete
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
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.
40 CFR
Publication title part Publication date EPA document No.
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.
1989 Studies
The following studies were published as Preliminary Data Summaries
by EPA in 1989. Copies may be purchased from the National Technical
Information Service (NTIS), 5285 Port Royal Road, Springfield, VA
22161; telephone (703) 487-4650. Please specify the NTIS Accession
Number(s) when ordering.
Current category name
Publication title (if different from NTIS accession No.
publication title)
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.
[FR Doc. 94-20954 Filed 8-25-94; 8:45 am]
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