Effluent Guidelines Plan

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: August 31, 2000 (Volume 65, Number 170)]
[Notices]
[Page 53008-53013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au00-65]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6862-7]
RIN 2040-AC20

Effluent Guidelines Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of effluent guidelines plan.

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SUMMARY: Today's notice describes the Agency's ongoing effluent
guidelines development efforts and announces EPA's plan for developing
new and revised effluent guidelines, which regulate industrial
discharges to surface Water Act requires EPA to publish an Effluent
Guidelines Plan every two years. The Agency published a proposed plan
on June 16, 2000, and public comments on the proposed plan are
discussed in today's notice.

EFFECTIVE DATE: October 2, 2000.

ADDRESSES: The public record for this notice is available for review in
the EPA Water Docket, Room EB 57 East Tower, 401 M St., S.W.,
Washington, D.C. from 9 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. Please call (202) 260-3027 to schedule an
appointment to see Docket materials. The EPA public information
regulation (40 CFR part 2) provides that a reasonable fee may be
charged for copying.

FOR FURTHER INFORMATION CONTACT: James Lund, Engineering and Analysis
Division (4303); telephone (202) 260-7811.

SUPPLEMENTARY INFORMATION:

Outline of This Notice

I. Regulated Entities
II. Legal Authority
III. Introduction
IV. Effluent Guidelines Program Background
V. Effluent Guideline Regulations Promulgated Since the Proposed
Plan
VI. Today's Effluent Guidelines Plan
A. Rulemaking Activities Started in 1999
B. Effluent Guidelines Currently Under Development
C. Summary of Changes from the Proposed Plan
VII. Future Direction of the Effluent Guidelines Program
A. Ways to Identify Industries for Future Effluent Guidelines
Development
1. Targeting the Most Significant Environmental Problems

[[Page 53009]]

2. Targeting Industry Sectors That May Be Candidates for
Pollution Prevention and Multi-Media Rule Making
3. Targeting Sources That Are Difficult to Permit
B. Involving Stakeholders in the Year 2002 Section 304(m) Plan
VIII. Public Comments Received on the June 16, 2000 Notice
IX. Economic Impact Assessment; Executive Order 12866

I. Regulated Entities

Today's plan does not contain regulatory requirements. Rather, it
identifies industrial categories that EPA has already chosen for new or
revised effluent guidelines regulation and sets forth the schedules for
those rulemaking efforts. Entities that could be affected by the
forthcoming effluent limitations guidelines and standards identified in
this plan are:

------------------------------------------------------------------------
Examples of potentially
Category of entity affected entities
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Industry/commercial/agriculture........... Pulp, Paper and Paperboard;
Synthetic-Based Drilling
Fluids (oil and gas
production); Centralized
Waste Treatment; Metal
Products and Machinery
(including electroplating,
metal finishing); Iron and
Steel Manufacturing; Coal
Mining; builders and
developers engaged in
construction, development,
and redevelopment; Feedlots
(swine, poultry, dairy and
beef cattle); Aquatic
Animal Production (fish
hatcheries and farms); Meat
Products (slaughtering,
rendering, packing, and
processing of red meat and
poultry).
Federal Government........................ Metal Products and Machinery
(including electroplating,
metal finishing); builders
and developers engaged in
construction, development,
and redevelopment.
State Government.......................... Metal Products and Machinery
(including electroplating,
metal finishing); builders
and developers engaged in
construction, development,
and redevelopment.
Local Government.......................... Metal Products and Machinery
(including electroplating,
metal finishing); builders
and developers engaged in
construction, development,
and redevelopment.
------------------------------------------------------------------------

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).

III. Introduction

On June 16, 2000, EPA published a notice containing the Agency's
proposed section 304(m) plan for 2000 (65 FR 37783). In that notice,
EPA also outlined a preliminary framework by which EPA, working with
its State partners, the regulated community, and concerned citizens,
can build upon the successes of its effluent guidelines program for the
next decade and beyond.
Today's notice announces the Agency's final section 304(m) plan for
2000 and discusses comments received both on the proposed section
304(m) plan for 2000 and on the framework for developing future 304(m)
plans.

IV. Effluent Guidelines Program Background

With the 1972 passage of the landmark Clean Water Act (CWA), EPA
was charged with developing effluent limitations guidelines and
standards that would provide a minimum, technology-based threshold for
ongoing improvements in effluent quality. The legislative history of
CWA section 304(b), which is the heart of the effluent guidelines
program, describes the need to press toward higher levels of control
through research and development of new processes, modifications,
replacement of obsolete plans and processes, and other improvements in
technology, taking into account the cost of controls.
The Clean Water Act directs EPA to promulgate effluent limitations
guidelines and standards that, for most pollutants, reflect the level
of pollutant control achievable by the best available technologies
economically achievable for categories or subcategories of industrial
point sources. See CWA sections 301(b)(2), 304(b), 306, 307(b), and
307(c). For point sources that introduce pollutants directly into the
Nation's waters (i.e., direct dischargers), the limitations and
standards promulgated by EPA are implemented in National Pollutant
Discharge Elimination System (NPDES) permits. See CWA sections 301(a),
301(b), and 402. For sources that discharge to POTWs (i.e., indirect
dischargers), EPA promulgates pretreatment standards that apply
directly to those sources and are enforced by POTWs backed by State and
Federal authorities. See CWA sections 307(b) and (c).
To date, EPA has promulgated effluent limitations guidelines for
more than 50 industrial categories affecting approximately 30,000
facilities that discharge directly to the Nation's waters. If EPA
includes pretreatment controls for sources that discharge into publicly
owned treatment works (POTWs), EPA's effluent limitations guidelines
and standards regulate the effluent from approximately 45,000
facilities. These regulations accomplish water quality improvements
through affordable, cost-effective controls. By requiring cleaner
industrial operations, these regulations help to ensure that the
economic advances that result from industrial expansion are compatible
with a clean environment and an improved quality of life.
Section 304(m) requires EPA to publish a plan every two years that
consists of three elements. First, under section 304(m)(1)(A), EPA is
required to establish a schedule for the annual review and revision of
existing effluent guidelines in accordance with section 304(b). Section
304(b) applies to effluent limitations guidelines for direct
dischargers and requires EPA to revise such regulations as appropriate.
Second, under section 304(m)(1)(B), EPA must identify categories of
sources discharging toxic or nonconventional pollutants for which EPA
has not published effluent limitations guidelines under 304(b)(2) or
new source performance standards (NSPS) under section 306. Finally,
under 304(m)(1)(C), EPA must establish a schedule for the promulgation
of effluent limitations guidelines under 304(b)(2) and NSPS for the
categories identified under subparagraph (B) not later than three years
after being identified in the 304(m) plan. Section 304(m) does not
apply to pretreatment standards for indirect dischargers, which EPA
promulgates pursuant to sections 307(b) and 307(c) of the Clean Water
Act.
On October 30, 1989, Natural Resources Defense Council, Inc., and
Public Citizen, Inc., filed an action against EPA in which they
alleged, among other things, that EPA had failed to comply with CWA
section 304(m). Plaintiffs and EPA agreed to a settlement of that
action in a consent decree entered on January 31, 1992. The consent
decree, which has been modified several times, established a schedule
by which EPA is to propose and take final action for eleven point
source categories identified by name in the decree, see Consent Decree,
pars. 2(a) and 4(a), and for eight other point source categories
identified only as new or revised rules, numbered 5 through 12, see
Consent Decree par. 5(a).

[[Page 53010]]

The last date for EPA action under the decree, as modified, is June
2004. The decree also established deadlines for EPA to complete studies
of eight identified and three unidentified point source categories. See
Consent Decree, par. 3(a). The decree further provides that the
foregoing requirements shall be set forth in EPA's section 304(m)
plans. See Consent Decree, pars. 3(a), 4(a), 5(a). Under the decree,
EPA is directed to use the studies as well as other available
information to select the eight point source categories for which EPA
has agreed to issue new or revised rules under paragraph 5(a). Finally,
the consent decree provides that section 304(m) plans issued subsequent
to the decree that are consistent with its terms shall satisfy EPA's
obligations under section 304(m) with respect to the publication of
such plans. See Consent Decree, par. 7(b).
The decree also required EPA to establish an Effluent Guidelines
Task Force to make recommendations for improvements to the effluent
guidelines program. See Consent Decree, par. 8. EPA did so in 1992. The
Task Force, which was created to offer advice to the EPA Administrator
on a process for expediting the promulgation of effluent guidelines,
among other topics, consists of members appointed by the Agency from
industry, citizen groups, state and local governments, the academic and
scientific communities, and EPA's Office of Research and Development.
It is a subcommittee of the National Advisory Committee for
Environmental Policy and Technology, which is chartered under the
Federal Advisory Committee Act, 5 U.S.C. App. 2. The Task Force has
held several public meetings each year since 1992 and has submitted
recommendations to the EPA Administrator.

V. Effluent Guideline Regulations Promulgated Since the Proposed
Plan

Since the June 16, 2000 publication of the proposed plan, EPA
published on August 14, 2000 a final rule for the Transportation
Equipment Cleaning Industry (65 FR 49666).

VI. Today's Effluent Guidelines Plan

A. Rulemaking Activities Started in 1999

EPA estimates that effluent guidelines are responsible for
preventing the discharge of more than a billion pounds of toxic
pollutants each year. While EPA is very proud of this accomplishment,
we recognize that water quality problems have not been eliminated.
Despite successes in reducing water pollution, approximately 40 percent
of the waters assessed by States, Tribes, and other jurisdictions do
not meet State or Tribal water quality standards. As reported by
States, Tribes, and other jurisdictions in their 1998 section 305(b)
water quality assessments, approximately 291,000 miles of rivers and
streams and 7.9 million acres of lakes are impaired. In addition,
States identified more than 20,000 impaired waterbodies in their 1998
section 303(d) lists of impaired waters. The overwhelming majority of
Americans live within ten miles of a polluted waterbody. The pollutants
most frequently identified as causing water impairment are siltation,
excess nutrients, and harmful pathogens. Several effluent guidelines
are currently underway to help address siltation and nutrient problems,
and, to a lesser extent, pathogens. In the proposed plan, EPA announced
efforts that were initiated in late 1999 to develop new or revised
regulations for the meat products and aquatic animal production
industries, both sources of nutrients to this Nation's waters.
EPA received no comments on the Agency's selection of the meat
products industry. However, EPA received many comments on its decision
to examine and develop effluent guidelines for the aquatic animal
production industry. (EPA had originally used the term Aquaculture to
describe this industry. However, EPA has since recognized that the term
Aquatic Animal Production better reflects the operations that EPA
expects will be subject to the forthcoming effluent guidelines.) Some
of the comments argued against EPA's decision to regulate aquatic
animal production; others supported EPA's decision. Commenters on both
sides of the aquatic animal production regulation issue offered to work
with EPA in the development of any aquatic animal production effluent
guidelines. EPA is discussing the tasks and information necessary to
develop an aquatic animal production rule with the Joint Subcommittee
on Aquaculture's (JSA's) Aquaculture Effluents Task Force, which
consists of representatives from trade associations, academia, federal
and state agencies, professional socities, and non-governmental
organizations. EPA welcomes the assistance of all interested parties in
the development of the guidelines and will provide a number of
opportunities for further involvement as we proceed with the studies
necessary to develop the regulation.
The aquatic animal production industry was first studied by EPA in
1974 and has operated under guidance issued in 1977. EPA chose to issue
guidance in the late 1970s rather than promulgate a regulation at that
time in order to focus resources on other industries that EPA regarded
as higher priorities for the regulation of toxic pollutants.
As in the 1998 304(m) plan, EPA is beginning new efforts to address
classes of pollutants that continue to cause water quality impairments,
specifically nutrients and organic pollutants. In their 1998 305(b)
reports, 13 States identified aquaculture operations as sources
contributing to water quality impairments, due largely to nutrients and
organic enrichment (low dissolved oxygen impacts). EPA's guidance was
insufficient for many State permitting efforts; it reflected neither
the growth in the industry, nor the significant technological advances
that have been made. Several States expressed interest in more current
technical assistance and support, including a detailed analysis of the
industry, its processes, controls, and financial ability to improve its
environmental performance. EPA's decision to begin developing effluent
guidelines for this industry reflects the Agency's commitment to launch
the scientific study, data collection, and public involvement necessary
to make that happen.
All of the comments which EPA received concerning aquatic animal
production, along with EPA's responses to the comments, are in the
public record for today's notice. EPA will also forward the comments to
the record for the aquatic animal production rule and consider them
during that rule making.
We look forward to working with the U.S. Department of Agriculture
and all other interested parties in obtaining the most accurate, up-to-
date information on which to base EPA's rulemaking decisions.

B. Effluent Guidelines Currently Under Development

The status of the regulations for new or revised effluent
guidelines are set forth in Table 1.

[[Page 53011]]

Table 1.--Effluent Guidelines Currently Under Development
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Federal Register cite or date
Category for Administrator's signature on Final action date \1\
proposed regulation
----------------------------------------------------------------------------------------------------------------
Centralized waste treatment............. 60 FR 5464 (Jan. 27, 1995); 64 8/31/00
FR 2279 (Jan. 13, 1999).
Synthetic-based drilling fluids (oil and 64 FR 5487 (Feb. 3, 1999)....... 12/00
gas production).
Coal mining............................. 65 FR 19439 (Apr. 11, 2000)..... 12/01
Iron and steel manufacturing............ 10/00........................... 4/02
Metal products and machinery, Phases I 60 FR 28209 (May 30, 1995)-- 12/02
and II. Phase I only; 10/00 (Phase I
and II).
Construction and development............ 3/02............................ 3/04
Feedlots (poultry, swine, beef, and 12/15/00........................ 12/15/02
dairy subcategories).
Pulp, paper, and paperboard, Phases 2 & 58 FR 66078 (Dec. 17, 1993)..... 2000-2002
3.
Meat products........................... 12/01........................... 12/03
Aquatic animal production............... 6/30/02......................... 6/30/04
----------------------------------------------------------------------------------------------------------------
\1\ The dates shown are final action dates for all but Centralized Waste Treatment (CWT) and Pulp and Paper.
Final action dates are the dates of signature by the Administrator on a final regulation or a final decision
not to establish or modify an effluent guideline. For CWT, the date shown is the date of transmitting the
final regulation to the Federal Register. For Pulp and Paper, the date represents an approximation.

C. Summary of Changes from the Proposed Plan

Today's Effluent Guidelines Plan is substantively the same as the
proposed plan. However, the Transportation Equipment Cleaning Effluent
Guideline, shown in the proposed plan as ``currently under
development'' is now presented in today's plan as a regulation that was
promulgated since the proposed plan. In addition, some clarifications
were made in today's plan in response to comments received on the
proposed plan. In particular, clarifications were made in the
discussion of the selection of aquatic animal production as one of the
industries selected for regulation. More information about the public
comments submitted on the June 16, 2000 notice is provided below in
Section VIII.

VII. Future Direction of the Effluent Guidelines Program

The effluent guidelines program is one of EPA's most successful
environmental protection programs. EPA develops performance standards
based on demonstrated technologies that are affordable for the
regulated industry as a whole. Supported by sound data and analysis,
the effluent guidelines program strives for the greatest pollutant
reductions that can be economically achieved within the regulated
community. In setting performance standards, EPA considers pollution
prevention approaches in addition to more traditional treatment
technologies, with the result that the air and soil also benefit from
wastewater regulations.
Moreover, this program gives the regulated community considerable
flexibility in achieving the performance standards. Thus, dischargers
are encouraged to develop less expensive alternatives to comply with
the performance standards than the model technologies or processes
identified by the Agency. Invariably, the more cost-effective
technologies and processes often become the industry norm--in this way
yielding even greater environmental results at lower cost than
contemplated by the regulation itself.
In the future, the effluent guidelines program will evolve to face
new challenges. New or revised effluent guidelines can help solve the
serious water quality problems still remaining in the Nation's
waterways, which are most frequently caused by excess nutrients,
sedimentation, pathogens, metals, and toxic pollutants. Also, more
stringent levels of pollution reduction are now economically achievable
in some industrial categories or subcategories due to the emergence of
new or innovative pollution control technologies. To help plan for the
future, EPA plans to use the section 304(m) planning process
established by the Clean Water Act to expand its dialogue with the
interested public regarding how to use the effluent guidelines program
to achieve the greatest environmental benefits.
As discussed above, section 304(m)(1) requires EPA every two years
to identify industry categories for new or revised regulations and to
establish a schedule for final action on those rules. Consistent with
the consent decree pertaining to section 304(m), EPA discharged this
duty in December 1999 when it identified Aquatic Animal Production and
Meat Products as categories for new effluent guidelines and established
schedules for those rules. The 2000 section 304(m) plan reports that
action. Now, EPA is beginning the process for developing its section
304(m) plan for the year 2002.
In the June 16, 2000 notice, EPA proposed a framework for
developing future 304(m) plans. That proposed framework included (1)
ways to identify industries for future effluent guidelines development
and (2) a strategy for involving stakeholders in the development of the
next 304(m) plan.

A. Ways To Identify Industries for Future Effluent Guidelines
Development

In the June 16, 2000 notice, EPA stated that criteria for selecting
industrial categories for new or revised effluent guidelines will be
critical to our 2002 section 304(m) plan development. In that notice,
EPA proposed selecting industries for effluent guideline development by
targeting the most significant environmental problems, by targeting
industry sectors that may be candidates for pollution prevention and
multi-media rule making, and by targeting industries that are difficult
to permit.
1. Targeting the Most Significant Environmental Problems
In the June 16, 2000 notice, EPA identified three currently
available sources of information that EPA might consider using in the
future to help determine the most significant environmental problems
and, thus, possible industrial categories for further examination.
(These data sources would not be used as the basis for any proposed
regulations.)
First, EPA's Office of Pollution Prevention and Toxics has
developed a risk-related model called the ``Risk-Screening
Environmental Indicators'' (RSEI). This model can be used to perform
screening-level analyses of the potential risk-related, chronic human
health impacts associated with releases reported in the Toxic Release
Inventory.
Second, pursuant to section 303(d) of the Clean Water Act and EPA's
implementing regulations, States must identify waters where technology-
based effluent limitations and other pollution control requirements are
not stringent

[[Page 53012]]

enough to implement applicable water quality standards for such waters.
These section 303(d) lists of waters identify the pollutants and, where
possible, the source categories that may be responsible for the water
quality impairments.
Third, pursuant to section 305(b) of the Clean Water Act, States,
Tribes, and other jurisdictions report on the quality of their waters
every two years, including information on pollutants and sources of
pollution.
As stated in the June 16, 2000 notice, EPA notes that there is no
overlap between the categories ranking highest using the RSEI risk-
related model and the categories listed by the States as contributing
to siltation, nutrients, and pathogens. This finding is not
particularly surprising because the assessment factors differ, e.g.,
chronic human health impacts in the case of the RSEI model, in contrast
to emphases on aquatic ecosystem health as well as other designated use
impairments, in the case of the section 303(d) lists and 305(b)
reports.
EPA received comments on the use of these data sources identified
in the June 16, 2000 notice. The comments pointed out the limitations
of these potential sources of information. EPA is aware of the
limitations of each of these sources of data, including--in the case of
303(d) lists and 305(b) reports--the uncertainty in some instances
whether the impairments cited are due to nonpoint sources or point
sources, as well as the broad range of information used by the States
in making these assessments (each with varying degrees of data
quality). EPA is also aware that, despite significant improvements to
the Risk-Screening Environmental Indicators model in the past three
years, we must exercise caution in using it for industry selection
purposes. EPA plans to continue the current practice of evaluating and
using other readily-available information to corroborate the findings
of these data sources in determining which industrial categories
warrant further examination.
EPA also received the comment that only States, EPA, or the
regulated entities should be authorized to submit effluent samples in
the effluent guidelines process. As a general principle, EPA notes that
it is open to considering any data that are relevant and reliable and
that meet the Agency's rigorous quality assurance and quality control
standards. EPA also understands that single-source data should
sometimes not be used absent other corroborating information.
EPA will consider all of these comments, in consultation with
interested stakeholders, as it proceeds with its section 304(m)
planning process described in Section VII.B. below. In addition,
although EPA did not receive any comments identifying any other data
sources that might assist in targeting the most significant
environmental problems, we remain open to suggestions of data sources
that may be of better quality for our purposes.
2. Targeting Industry Sectors That May Be Candidates for Pollution
Prevention and Multi-Media Rule Making
As stated in the June 16, 2000 notice, through its sector-based
activities, such as the Common Sense Initiative, EPA recognizes that
addressing all environmental concerns from an industry sector
concurrently can improve pollution prevention, resulting in better
environmental results at lower cost than addressing the environmental
releases one media at a time. EPA's Task Force on Coordinated
Rulemaking, which was created to identify and initiate sector-based
rule makings that would benefit from a cross-Agency, multi-program
coordinated effort, is one attempt to capitalize on this concept. The
Task Force on Coordinated Rulemaking is one source of information on
possible sectors for future effluent guidelines development.
Another source is EPA's Integrated Urban Strategy of the National
Air Toxics Program. Although this strategy presents a framework for
reducing air toxics (i.e., hazardous air pollutants) in urban areas,
many of the sources that have been identified contribute pollutants to
the water environment as well. The link between wastewater treatment
and air emissions, like the link between air emission treatment and
wastewater, may point to a coordinated approach for addressing the
highest risk sources. Further coordination in this area is pending the
results of the National Air Quality Assessment that is currently
underway.
One commenter, in support of determining whether efforts being
undertaken in other EPA offices might influence effluent guidelines,
suggested that EPA consider the findings of the Surface Impoundment
Study being conducted by the Office of Solid Waste. This study, when
completed, may indicate a need to amend both solid waste and water
regulations. Given the inter-related nature of pollutant control by the
various media offices under various enabling statutes, resolving
environmental problems often requires adjustments of several
regulations concurrently. EPA recognizes that changes are sometimes
needed, not only to assure effectiveness, but also to avoid conflicting
restrictions between programs.
In a similar vein, EPA is currently examining potential risks from
Class V injection wells used by a wide variety of commercial and
industrial sources. Although not regulated by effluent guidelines, EPA
is beginning to consider how new effluent guidelines may impact the use
of Class V injection wells by the regulated industry. EPA hopes that by
sharing information between these programs and coordinating these
efforts, environmental problems can be solved, not shifted.
3. Targeting Sources That Are Difficult To Permit
As noted in the June 16, 2000 notice, effluent limitations
guidelines establish nationally applicable standards that are
implemented through NPDES discharge permits issued by authorized States
and Tribes or EPA. In the absence of these regulations, permit writers
must determine technology-based limitations using their best
professional judgment. Our State and Tribal regulatory partners are
some of the best sources of information about the adequacy and coverage
of existing effluent limitations guidelines. States and Tribes helped
to identify many of the sectors for which effluent guidelines are
currently being developed or revised.
For example, one comment received on the June 16 notice suggested
that EPA revisit the Metal Molding and Casting Effluent Guideline in
the near future because of certain current problems in regulating this
industrial category. The Agency is considering this comment and will
use this industry as a specific example for discussion in the upcoming
stakeholder process.

B. Involving Stakeholders in the Year 2002 Section 304(m) Plan

As presented in the June 16, 2000 notice, EPA also proposed an
approach for involving stakeholders in the development of the 2002
section 304(m) plan.
As EPA looks forward to the 2002 section 304(m) plan, industry
selection criteria will be critical. To help prepare the plan, EPA
plans to engage all interested parties in a dialogue. EPA is interested
in discussing not only the factors that would indicate which industrial
categories would provide the greatest environmental benefit if subject
to new or revised effluent guidelines but also the sources of data by
which to evaluate those factors.
EPA plans to seek the views of as many interested persons as
possible, with particular emphasis on individuals

[[Page 53013]]

and organizations associated with industry, environmental interest
groups, and State, Tribal, and local governments. EPA will reach out to
interested stakeholders primarily by attending and, where possible,
participating in meetings and conferences sponsored by members of those
communities, as well as through its Web site (http://www.epa.gov/ost)
and less formal meetings.
The Agency has already launched this dialogue through discussions
with the Effluent Guidelines Task Force, whose membership reflects a
variety of stakeholder viewpoints. Members of the Effluent Guidelines
Task Force have also agreed to assist EPA in this stakeholder outreach
effort.
At this point, EPA envisions that this stakeholder outreach will
culminate in a one or two day highly focused national meeting of
interested stakeholders this winter. In addition to a discussion of
factors for industry selection criteria and information sources by
which to evaluate those factors, EPA also seeks a discussion on whether
EPA's procedures for implementing the requirements of section 304(m),
including the process for selecting industrial categories for new or
revised effluent guidelines, should be codified in federal regulations.
Relevant to that discussion will be comments EPA received on the June
16, 2000 notice that suggested that not only are such regulations not
warranted but also they could be counter-productive to efficient Agency
management of its resources and could restrict the Agency's ability to
consider other relevant information in the selection process. EPA plans
to discuss this further with as many stakeholders as possible. The
Effluent Guidelines Task Force has indicated its willingness to work
with EPA in conducting stakeholder outreach and refining our 304(m)
planning process.
Finally, as noted in the June 16, 2000 notice, EPA plans to issue a
final section 304(m) plan in February 2002. EPA will use the outcome of
the stakeholder outreach effort in developing this plan.

VIII. Public Comments Received on the June 16, 2000 Notice

EPA accepted public comments on the Proposed Plan through July 17,
2000. The Agency received comments from a variety of commenters
including industry and agriculture, environmental groups, States,
academia, and engineering consulting firms. Many of the comments
received have been discussed in the text of today's notice. The
administrative record for today's notice includes a complete set of all
of the comments submitted as well as the Agency's responses.

IX. Economic Impact Assessment; Executive Order 12866

Today's notice announces 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'' subject
to 5 U.S.C. 553 and does not establish any requirements; therefore, EPA
has not prepared an economic impact assessment. EPA will provide
economic impact analyses, regulatory flexibility analyses, or
regulatory impact assessments, as appropriate, for all of the future
effluent guideline rule makings 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: August 24, 2000.
J. Charles Fox,
Assistant Administrator for Water.
[FR Doc. 00-22383 Filed 8-30-00; 8:45 am]
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