[Federal Register Volume 63, Number 172 (Friday, September 4, 1998)]
[Notices]
[Pages 47285-47288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23891]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6156-7]
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 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 (CWA) requires EPA to publish a biennial
Effluent Guidelines Plan. The Agency published a proposed plan on May
28, 1998, and public comments on the proposed plan are discussed in
today's notice.
EFFECTIVE DATE: October 5, 1998.
ADDRESSES: The public record for this notice is available for review in
the EPA Water Docket, 401 M Street, S.W., Washington, D.C. 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, Engineering and
Analysis Division (4303), Environmental Protection Agency, 401 M
Street, SW, Washington, D.C. 20460; 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. 1998 Proposed Effluent Guidelines Plan
V. 1998 Effluent Guidelines Plan
A. Regulations
1. Ongoing Rulemakings
2. Future Regulations
B. Preliminary Studies
C. Summary of Changes from the Proposed Plan
D. Updates on Rulemaking Activities
1. Transportation Equipment Cleaning
2. Pharmaceutical Manufacturing
3. Pulp, Paper and Paperboard
4. Centralized Waste Treatment
VI. Public Comments
A. Ongoing Rulemaking Projects and Studies
B. Aquaculture
C. Metal Molding and Casting (Foundries)
D. Ore Mining
E. Plan for Future Activities
VII. Economic Impact Assessment
VIII. Executive Order 12866
Appendix A--Effluent Guidelines Rulemaking Projects and Preliminary
Studies
I. Regulated Entities
Today's plan does not contain regulatory requirements and does not
provide specific definitions for each industrial category. Entities
potentially affected by decisions regarding the plan are listed below.
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Category of entity Examples of potentially affected entities
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Industry/Commercial.......... Pulp, Paper and Paperboard; Oil and Gas
Extraction; Centralized Waste Treatment;
Pharmaceutical Manufacturing; Metal
Products and Machinery (including
electroplating, metal finishing);
Landfills; Industrial Waste Combustors
(Incinerators); Industrial Laundries;
Transportation Equipment Cleaning (tank
trucks, railroad tank cars, barge
tanks); Iron and Steel Manufacturing;
Coal Mining; Petroleum Refining; Textile
Mills; Inorganic Chemicals; Steam
Electric Power Generating; Photographic
Processing; Chemical Formulating,
Packaging and Repackaging; Airports.
Agriculture.................. Feedlots (swine, poultry, dairy and beef
cattle); Fish Hatcheries and Farms
(Aquaculture).
Federal Government........... Metal Products and Machinery (including
electroplating, metal finishing);
Landfills; Airports.
State Government............. Metal Products and Machinery (including
electroplating, metal finishing);
Municipal Separate Storm Sewer Systems
(Urban Storm Water); Landfills;
Airports.
Local Government............. Metal Products and Machinery (including
electroplating, metal finishing);
Municipal Separate Storm Sewer Systems
(Urban Storm Water); Landfills;
Airports.
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To determine whether your facility would be regulated, you should
carefully examine the applicability criteria in the appropriate
proposed rule (previously published or forthcoming). Not all of the
categories listed in the above table have been selected for rulemaking.
Citations for previously published proposed rules and schedules for
forthcoming proposed rules are provided in Appendix A 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).
III. Introduction
A. Purpose of Today's Notice
Today's notice announces the Agency's fourth biennial plan for
developing new and revised effluent guidelines pursuant to Section
304(m) of the CWA.
EPA published a proposed Effluent Guidelines Plan (the ``Proposed
Plan'') on May 28, 1998 (63 FR 29203). The Agency accepted comment on
the notice until July 27, 1998. Today's notice summarizes and addresses
the major comments the Agency received.
B. Overview of Today's Notice
The Agency intends to develop effluent limitation guidelines and
standards (``effluent guidelines'') as follows:
1. Continue development of eleven rules listed in the Proposed
Plan. The categories are: Pulp, Paper and Paperboard, Phases 2 and 3;
Centralized Waste Treatment; Metal Products and Machinery; Landfills;
Industrial Waste Combustors (Incinerators); Industrial Laundries;
Transportation Equipment Cleaning; Iron and Steel Manufacturing; Oil
and Gas Extraction (Synthetic-Based Drilling Fluids); Coal Mining
(Remining and Western subcategories); and Feedlots (Poultry and Swine
subcategories).
2. Begin development of rules for two additional categories (new or
revised) by December 1998, one of which is currently planned to be
Feedlots (Beef and Dairy Cattle).
[[Page 47286]]
3. Complete preliminary studies on Feedlots, Urban Storm Water, and
Airport Deicing.
4. Plan for development of two additional effluent guidelines,
either new or revised. EPA's current plan is to begin development of
two rules by December 1999.
IV. 1998 Proposed Effluent Guidelines Plan
In the Proposed Plan, EPA described its intent to continue
development of ongoing rulemakings, develop additional rules, 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 Section 304(m) and a Consent Decree in Natural Resources
Defense Council et al. v. Browner (D.D.C. 89-2980, January 31, 1992, as
modified) (the ``Consent Decree''). See 63 FR 29204-29207.
V. 1998 Effluent Guidelines Plan
EPA's 1998 Effluent Guidelines Plan is set forth below. Today's
Plan is substantively identical to the Proposed Plan.
A. Regulations
1. Ongoing Rulemakings
The Agency is currently in the process of developing new or revised
effluent guidelines for the categories are set forth in Table 1.
Table 1.--Effluent Guidelines Currently Under Development
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Proposal Final action
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Category Consent decree or Consent
publication date decree
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Pulp, Paper and Paperboard, Phases 12/17/93............ \1\2000-2002
2 & 3.
Centralized Waste Treatment....... \4\1/27/95, Fall \3\8/15/99
1998.
Metal Products and Machinery...... \2\5/30/95, 10/00... 12/02
Industrial Laundries.............. 12/17/97............ 6/99
Landfills......................... 2/6/98.............. 11/99
Industrial Waste Combustors 2/6/98.............. 11/99
(Incinerators).
Transportation Equipment Cleaning. 6/25/98............. 6/15/00
Oil and Gas Extraction (Synthetic 12/98............... 12/00
Drilling Fluids).
Iron and Steel Manufacturing...... \3\12/98............ \3\12/00
Coal Mining....................... 12/99............... 12/01
Feedlots (Poultry and Swine 12/99............... 12/01
Subcategories).
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\1\ The Pulp, Paper and Paperboard rulemaking is not covered by the
January 31, 1992, consent decree and dates reflect projected dates for
final promulgation of the 2 phases.
\2\ 5/30/95 proposal covered Phase 1 MP&M facilities only. Proposal in
10/00 will cover Phase 1 and 2 facilities combined.
\3\ EPA is discussing extensions to consent decree dates with plaintiff
Natural Resources Defense Council (NRDC).
\4\ A re-proposal for the Centralized Waste Treatment category is
planned for Fall 1998. This action is not in the consent decree.
2. Future Regulations
EPA is scheduled to begin work later in 1998 on revised effluent
guidelines for the Beef and Dairy Cattle subcategories of the Feedlots
category, 40 CFR Part 412. The Decree requires that EPA develop
additional rules. Based on the selection process discussed in the
Proposed Plan (63 FR 29208), the Agency may choose the next rulemaking
projects from the following list of categories:
Petroleum Refining.
Textile Mills.
Inorganic Chemicals.
Steam Electric Power Generating.
Photographic Processing.
Chemical Formulators and Packagers.
Urban Storm Water.
Airport Deicing.
Aquaculture (Fish Hatcheries and Farms).
Completed, ongoing or potential preliminary studies on these categories
were discussed in the Proposed Plan (63 FR 29208-29210). The Agency may
consider other categories for rulemaking as it receives additional
data. The Consent Decree deadlines for the additional rules are part of
the Agency's ongoing negotiations with NRDC.
B. Preliminary Studies
In the Proposed Plan EPA described preliminary studies either
completed or underway. The studies assist the Agency in selecting
industries to be subject to future effluent guidelines rulemaking. The
Agency is continuing work on three studies: Feedlots, Urban Storm
Water, and Airport Deicing. The Agency may conduct additional studies
from time to time.
C. Summary of Changes From the Proposed Plan
Today's Effluent Guidelines Plan is substantively identical to the
Proposed Plan. However, some clarifications are provided below in
Section IV in response to several comments the Agency received on the
proposal.
D. Updates on Rulemaking Activities
1. Transportation Equipment Cleaning
EPA published a proposed rule for the Transportation Equipment
Cleaning Category on June 25, 1998 (63 FR 34685).
2. Pharmaceutical Manufacturing
The Administrator signed a final rule for the Pharmaceutical
Manufacturing Category on June 30, 1998. The rule will be published
shortly in the Federal Register.
3. Pulp, Paper and Paperboard
EPA published a notice on August 7, 1998 (63 FR 42238) to correct
errors in the final Phase 1 rule for the Pulp, Paper and Paperboard
category, which was published on April 15, 1998 (63 FR 18504).
4. Centralized Waste Treatment
EPA published a proposed rule for the Centralized Waste Treatment
category on January 27, 1995 (60 FR 5464) and a Notice of Data
Availability on September 16, 1996 (61 FR 48805). Based on data
received and subsequent Agency analysis, EPA is planning a re-proposal
for Fall 1998.
[[Page 47287]]
VI. Public Comments
EPA accepted public comment on the Proposed Plan until July 27,
1998. The Agency received comments that covered approximately 15 topics
from a variety of commenters including industry and agriculture,
environmental groups, local governments, States, and engineering
consulting firms. The summary in this section highlights the
significant comments submitted. The administrative record for today's
notice includes a complete text of the comments and the Agency's
responses. EPA has not yet selected additional categories for
rulemaking, but will consider the comments submitted as it makes its
decisions.
A. Ongoing Rulemaking Projects and Studies
Several comments addressed the scope of coverage and other issues
pertaining to specific ongoing effluent guidelines rulemaking projects
and preliminary studies. EPA will forward these comments to the dockets
or records for the appropriate rules and studies, and will consider the
comments as these projects continue. The Agency has not made final
decisions about the scope and applicability of the rules addressed in
these comments.
B. Aquaculture
In the Proposed Plan, EPA asked for public comment on the need for
effluent guidelines for aquaculture facilities, also called fish
hatcheries and farms. The notice made reference to a recent report by
the Environmental Defense Fund, which recommended promulgation of
effluent guidelines for aquaculture (63 FR 29210). The Agency received
comments arguing either that pollutant discharges are adequately
addressed by National Pollutant Discharge Elimination System (NPDES)
permits and that effluent guidelines are not needed, or that the
permits issued by the various state programs are inconsistent and
inadequate. Some comments also provided additional information such as
explanations of how aquaculture facilities are regulated under existing
permits, comparisons of state permitting policies, and technical papers
describing the pollutants generated and treatment processes used in the
industry. EPA needs additional information to determine whether the
existing NPDES permit process is adequate to address these discharges.
The Agency has not yet made a decision on whether national effluent
guidelines will be developed for some or all parts of the industry. The
Agency may conduct a preliminary study to obtain additional information
and evaluate all of the information received.
C. Metal Molding and Casting (Foundries)
The Agency received comments recommending revisions to the Metal
Molding and Casting (Foundries) regulations at 40 CFR Part 464. The
commenters argue, among other things, that the effluent limits were
based on faulty, incomplete and non-representative data, and that the
treatment technologies used as the basis for best practicable control
technology (BPT) effluent limitations do not work and do not represent
actual BPT. None of the comments provided current data on individual
plant processes, descriptions of fluids used, waste streams, costs,
etc. The Agency is considering these comments and may contact some
facilities to obtain data, but has not determined whether revisions to
Part 464 will be made.
D. Ore Mining
The Agency received comments recommending revisions to the Ore
Mining regulations at 40 CFR Part 440. The proposed changes are related
to ongoing EPA actions to modify and/or clarify a recent Agency
interpretation of the Part 440 regulations associated with the Storm
Water Multi-Sector General Permit for Industrial Activities. The Agency
published the proposed clarification and accompanying permit
modifications at 62 FR 54949 (Oct. 22, 1997) and took final action at
63 FR 42533 (Aug. 7, 1998). Commenters suggest that EPA could conduct a
``focused'' rulemaking, to address discharges from waste rock piles,
overburden piles and other sources of water pollution at mine sites
which are not currently covered by part 440. The Agency is considering
these comments but has not determined whether to revise the part 440
regulations. Over the next few years, the mine operators claiming
coverage under the recently modified EPA-issued general permit for
storm water will be providing monitoring data to EPA according to the
permit terms. The Agency will review these data for usefulness in
revising the effluent guidelines, for example, to determine the
effluent variability associated with these discharges and to evaluate
the performance and effectiveness of the permit controls (primarily
``best management practices'') at reducing pollutants. Additionally,
EPA may conduct a preliminary study to gather other relevant data (such
as cost data) on mining processes. Based on the results of these data
and analyses, EPA may consider revisions to Part 440 in an upcoming
effluent guidelines plan.
E. Plan for Future Activities
EPA received comments suggesting that the Agency has an ongoing
obligation under Section 304(m) to identify all future industries in
need of a new or revised effluent guideline and establish a schedule to
promulgate such guidelines. In EPA's view, the current plan is
consistent with the terms of the Decree. Under paragraph 7(b) of the
Decree, an Effluent Guidelines Plan that is consistent with the Decree
also satisfies the terms of Section 304(m), at least through 2003. EPA
has not yet begun to plan for effluent guideline activities after that,
but will address them in future 304(m) plans.
VII. 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 other regulatory
analyses, as appropriate, for all of the future effluent guideline
rulemakings developed by the Agency.
VIII. 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 rule is not a ``significant
regulatory action'' under the terms of Executive Order
[[Page 47288]]
12866 and is therefore not subject to OMB review.
Dated: August 28, 1998.
J. Charles Fox,
Acting Assistant Administrator.
Appendix A.--Effluent Guidelines Rulemaking Projects and Preliminary
Studies Effluent Guidelines Current and Future Rulemaking Projects
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Category Proposed Final
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Pulp, Paper and Paperboard, 12/17/93 \1\ (58 FR \1\2000-2002
Phases 2 & 3. 66078).
Centralized Waste Treatment.... 1/27/95 (60 FR 5464)... \3\ 8/15/99
Fall 1998 \4\ (Re- \3\ 8/15/99
proposal).
Metal Products and Machinery... 5/30/95 \2\ (60 FR ..............
28209) (Phase 1 only).
10/00.................. 12/02
Industrial Laundries........... 12/17/97 (62 FR 66182). 6/99
Landfills...................... 2/6/98 (63 FR 6425).... 11/99
Industrial Waste Combustors 2/6/98 (63 FR 6391).... 11/99
(Incinerators).
Transportation Equipment 6/25/98 (63 FR 34685).. 6/15/00
Cleaning.
Oil and Gas Extraction 12/98.................. 12/00
(Synthetic-based drilling
fluids).
Iron and Steel Manufacturing... 12/98 \3\.............. \3\ 12/00
Coal Mining.................... 12/99.................. 12/01
Feedlots (Poultry and Swine 12/99.................. 12/01
subcategories).
Feedlots (Beef and Dairy 12/00.................. 12/02
Cattle).
Category to be selected........ 12/00.................. 12/02
Category to be selected........ 12/01.................. 12/03
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Notes:
\1\ The Pulp, Paper and Paperboard rulemaking is not covered by the
January 31, 1992 consent decree.
\2\ 5/30/95 proposal covered Phase 1 MP&M facilities only. The proposal
in 10/00 will cover Phase 1 and 2 facilities combined.
\3\ EPA is discussing extensions to Consent Decree dates with NRDC.
\4\ A re-proposal for the Centralized Waste Treatment category is
planned for Fall 1998. This action is not in the consent decree.
Current Preliminary Studies
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Category Complete
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Feedlots....................................... 1998
Urban Storm Water.............................. 1998
Airport Deicing................................ 1999
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[FR Doc. 98-23891 Filed 9-3-98; 8:45 am]
BILLING CODE 6560-50-P
