[Federal Register Volume 65, Number 117 (Friday, June 16, 2000)]
[Notices]
[Pages 37783-37788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15298]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6717-5 ]
RIN 2040-AC20


Effluent Guidelines Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Effluent Guidelines Plan.

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

SUMMARY: Section 304(m) of the Clean Water Act requires EPA to publish 
an Effluent Guidelines Plan every two years. Today's notice describes 
the Agency's ongoing effluent guidelines development efforts and 
proposes EPA's plans for developing new and revised effluent 
guidelines, which regulate industrial discharges to surface waters and 
to publicly owned treatment works. The Agency requests comment on the 
proposal and will publish a final plan after the comment period ends.

DATES: Comments must be received on or before July 17, 2000.

ADDRESSES: The public record for this notice is located in the EPA 
Water Docket, Room EB 57 East Tower, 401 M St., SW., Washington, DC 
20460.

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

SUPPLEMENTARY INFORMATION:

Comments and Record

    Please send an original and 3 copies of your comments and 
enclosures (including references) to Comment Clerk, Docket Number W-00-
14, Water Docket (MC4101), USEPA, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Comments must be received or post-marked by 
midnight July 17, 2000.
    Commenters who want EPA to acknowledge receipt of their comments 
should enclose a self-addressed, stamped envelope. No facsimiles 
(faxes) will be accepted. Comments may also be submitted electronically 
to <a href="/cdn-cgi/l/email-protection#d3bca4feb7bcb0b8b6a793b6a3b2beb2babffdb6a3b2fdb4bca5"><span class="__cf_email__" data-cfemail="93fce4bef7fcf0f8f6e7d3f6e3f2fef2faffbdf6e3f2bdf4fce5">[email protected]</span></a>. Electronic comments must be submitted as 
an ASCII, WP5.1, WP6.1 or WP8 file that does not contain special 
characters or encryption. Electronic comments must be identified by the 
docket number W-00-14. You may also submit comments and data on disks 
in WP 5.1, 6.1, 8 or ASCII file format, or electronically at many 
online Federal Depository Libraries.
    The public record for this notice has been established under docket 
number W-00-14 and is available for review in the EPA Water Docket, 
East Tower Basement, Room EB 57, 401 M Street, SW., Washington, D.C. 
from 9 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.

Outline

I. Regulated Entities
II. Legal Authority
III. Introduction
IV. Effluent Guidelines Program Background
    A. Legal Framework
    B. Components of an Effluent Guideline Regulation
    C. Effluent Guideline Regulations Promulgated Since the Last 
304(m) Plan
    1. Pharmaceutical Manufacturing
    2. Industrial Laundries
    3. Landfills and Commercial Hazardous Waste Combustors
V. Recent Improvements in the Development of Effluent Guideline 
Regulations
VI. Today's Proposed Effluent Guidelines Plan
    A. Rulemaking Activities Started in 1999
    1. Meat Products
    2. Aquaculture
    B. Effluent Guidelines Currently Under Development
VII. Future Direction of the Effluent Guidelines Program
    A. Targeting the Most Significant Environmental Problems
    B. Targeting Industry Sectors That May Be Candidates for 
Pollution Prevention and Multi-Media Rulemaking
    C. Targeting Sources That are Difficult to Permit
    D. Involving Stakeholders in the Year 2002 Section 304(m) Plan
VIII. Request for Comments
IX. Economic Impact Assessment; E.O. 128866

I. Regulated Entities

    Today's proposed 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 proposed plan are:

[[Page 37784]]



------------------------------------------------------------------------
      Category of Entity       Examples of potentially affected entities
------------------------------------------------------------------------
Industry/Commercial/           Pulp, Paper and Paperboard; Synthetic-
 Agriculture.                   Based Drilling Fluids (oil and gas
                                production); Centralized Waste
                                Treatment; Metal Products and Machinery
                                (including electroplating, metal
                                finishing); Transportation Equipment
                                Cleaning (truck tanks, railroad tank
                                cars, barge tanks); Iron and Steel
                                Manufacturing; Coal Mining; builders and
                                developers engaged in construction,
                                development, and redevelopment; Feedlots
                                (swine, poultry, dairy and beef cattle);
                                Aquaculture (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

    Today's notice announces the Agency's proposed section 304(m) plan 
for 2000, including the two new effluent guidelines regulations that 
EPA started in 1999 (Meat Products and Aquaculture). Today's notice 
also outlines 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. EPA invites the public to comment on all 
aspects of today's notice and particularly welcomes comments regarding 
the ways in which EPA can use its effluent guidelines program to 
achieve sustained environmental improvements.
    With the 1972 passage of the landmark Clean Water Act, 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. See Statement of Senator 
Muskie (Oct. 4, 1972), reprinted in Legislative History of the Clean 
Water Act of 1972, at 170.
    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 technology-based regulations are responsible for 
preventing the discharge of more than a billion pounds of priority 
toxic pollutants each year. These toxic pollutants include chemicals 
known to cause or contribute to cancer, hinder mental and motor 
development in children, impact the central nervous system, and damage 
major organs, such as the kidney and liver.
    These regulations have helped to reverse the degradation of water 
quality that accompanied industrialization in this country by reducing 
the discharge of pollutants that kill or impair aquatic organisms, 
degrade aquatic ecosystems, or cause human health problems through 
ingestion of contaminated water, fish, or shellfish. Rivers that once 
were impaired now sustain thriving ecosystems. Waterways once suitable 
for little more than transportation are now valued recreational 
resources, often leading to expanded tourism and increased value of 
waterfront property.
    These regulations have accomplished water quality improvements 
through cost-effective control of pollutants. This in turn has allowed 
growth and expansion of industry concurrent with an improved quality of 
life for generations to come.
    While EPA is very proud of these accomplishments, we recognize that 
water quality problems have not been eliminated. Despite successes in 
reducing water pollution, approximately 40 percent of the Nation's 
waters assessed by the States and Tribes do not meet State or Tribal 
water quality standards. In 1998, States identified more than 20,000 
such waters in their section 303(d) lists of impaired waters, 
comprising approximately 300,000 miles of impaired rivers and streams 
and 7.9 million acres of lakes. 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. Toxics pollutants (including metals, 
mercury and pesticides) also contribute to water quality impairments. 
As EPA establishes new or revised effluent limitations guidelines for 
pollutants discharged by categories or classes of sources, we expect 
that fewer waters will need additional water quality-related controls 
to meet water quality standards.
    As discussed in greater detail in Section VII below, EPA intends to 
continue to use the effluent guidelines program to provide even greater 
protection of human health and the environment. EPA expects that, from 
1995 to 2005, the effluent guidelines program will prevent an 
additional nine million pounds of priority toxic pollutants and 1.5 
billion pounds of conventional and nonconventional pollutants from 
entering the Nation's waters each year. EPA believes that most 
stakeholders recognize the continuing role of effluent guidelines in 
helping achieve the objectives of the Clean Water Act, although EPA 
also recognizes that there are many paths. For this reason, EPA 
believes it is critical to engage in an ongoing dialogue with the 
interested public about the future role of the program. EPA intends 
today's notice to start that dialogue.

IV. Effluent Guidelines Program Background

A. Legal Framework

    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

[[Page 37785]]

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).
    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).
    The schedule has been modified several times since 1992. 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. 
The Task Force has held several public meetings each year since 1992 
and has submitted recommendations to the EPA Administrator.

B. Components of an Effluent Guideline Regulation

    The principal components of most effluent guideline regulations are 
numerical wastewater discharge limitations controlling specified 
pollutants for a given industrial point source category or subcategory. 
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.
    When developing an effluent guideline regulation, EPA often 
subcategorizes an industrial category based on differences in raw 
materials, manufacturing processes, characteristics of the wastewaters, 
or type of product manufactured. Sometimes, EPA establishes 
subcategories based on economic impacts, non-water quality 
environmental impacts or other appropriate factors that justify the 
imposition of specialized requirements on facilities in segments of an 
industry. Typically, EPA develops a set of effluent limitations for 
each category, subcategory or segment.
    In some cases, a regulation 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. See, e.g., 40 CFR 430.03 
(BMPs for portions of the Pulp, Paper and Paperboard category).

C. Effluent Guideline Regulations Promulgated Since the Last 304(m) 
Plan

    In addition to the Airport Deicing Preliminary Study, which EPA 
completed in December 1999, EPA completed the following regulatory 
efforts since the last 304(m) plan:
1. Pharmaceutical Manufacturing
    The Administrator published a final rule for the Pharmaceutical 
Manufacturing Category in the Federal Register on September 21, 1998 
(63 FR 50387).
2. Industrial Laundries
    The Administrator published a final decision in the Federal 
Register on August 18, 1999 (64 FR 45071) with respect to the proposed 
industrial laundries industry effluent guideline. In that notice, the 
Administrator announced the Agency's decision not to promulgate 
effluent limitations guidelines and standards for that industrial 
category.
3. Landfills and Commercial Hazardous Waste Combustors
    The Administrator published final rules for the Landfills industry 
in the Federal Register on January 19, 2000 (65 FR 3007), and for the 
Commercial Hazardous Waste Combustors industry on January 24, 2000 (65 
FR 4360).

V. Recent Improvements in the Development of Effluent Guideline 
Regulations

    EPA has accumulated a great deal of experience and expertise in the 
course of preparing more than 50 effluent guidelines. Since the last 
304(m) Plan was announced in 1998, EPA has made significant progress in 
expediting effluent guideline development. For many of the effluent 
guidelines underway, EPA is in the process of revising existing 
regulations to address specific environmental issues. In many of these 
instances, EPA is focusing on the segments of the industry most 
pertinent to those environmental issues

[[Page 37786]]

and is collecting data on pollutants of greatest concern.
    In turn, these focused efforts make it possible for EPA, in several 
cases, to use existing data instead of requiring regulated entities to 
respond to detailed questionnaires. Greater involvement of other 
government agencies, other offices within EPA, industry, equipment 
vendors, and environmental interest groups is crucial to the success of 
this approach. For several rules, including the effluent guidelines for 
the Synthetic-Based Drilling Fluids (Oil and Gas Production) category 
and the Metal Products and Machinery category, stakeholders expressed 
an interest in submitting sampling data for EPA's consideration. The 
Office of Water worked with these stakeholders in order to ensure that 
the information they submitted met EPA's data quality needs.
    The Office of Water also adopted an approach that has been 
successfully used in many instances by the Office of Air and Radiation. 
This approach, sometimes called the ``presumptive'' approach, involves 
the early identification of one technology option through a combination 
of stakeholder involvement and early analysis of available information. 
This approach is particularly useful for those industry sectors for 
which relatively few technologies have been identified or implemented.
    As a result, EPA is significantly expediting the proposal of 
regulations. On average, this means that EPA now issues its proposed 
regulations approximately 30 months from the start of the process, 
compared to the traditional 60 month schedule that was common in 
earlier years of the program.

VI. Today's Proposed Effluent Guidelines Plan

A. Rulemaking Activities Started in 1999

    EPA has learned that States and Regions have a strong interest in 
EPA promulgating new or revised regulations to address nutrient 
loadings. The new selections reflect the Agency's desire to reduce 
nutrient loadings and improve the quality of our Nation's waters.
1. Meat Products
    This industry includes approximately 1,300 packing plants, 1,100 
plants that perform ``further processing'' of meats, 270 rendering 
facilities, and 370 poultry processing facilities. Although guidelines 
for the control of water pollution from these facilities were 
established in the mid-1970's, those regulations do not include 
controls on nutrients. Moreover, no guidelines of any kind were 
promulgated for the poultry sector. Some of these facilities contribute 
nutrient loadings in environmentally sensitive areas. Improvements in 
waste treatment to control nutrients and pathogens are available, but 
changes in industry practices to increase food safety, health, and 
sanitation concerns may affect the design and cost of those controls.
2. Aquaculture
    The Aquaculture category includes close to 5,000 facilities (both 
land-based and marine-based) with locations in every state and in 
Puerto Rico. It is currently the fastest growing segment of U.S. 
agriculture. EPA produced a guidance document for the control of 
wastewater from fish hatcheries and farms in 1977, but no national 
effluent limitations guidelines have ever been promulgated for this 
industry.
    Some aquaculture facilities contribute nutrients and pathogens to 
environmentally sensitive areas such as the Gulf of Mexico, the 
Chesapeake Bay, and other estuaries, rivers, lakes, and streams 
throughout the country. Improvements in wastewater treatment within the 
Aquaculture category have been used by some facilities to reduce the 
pollutant load. EPA's regulatory development will consider the 
availability and affordability of effluent limits based on these 
wastewater treatment technologies. EPA will develop regulatory options 
that apply to the following types of aquatic animal production: ponds, 
net pens (including pens in open waters), raceways, and recirculating 
systems. EPA will consider establishing limitations to control 
nutrients, total suspended solids, human and non-human pathogens, 
antibiotics, pesticides, and biological impairments due to the 
introduction of non-native species.

B. Effluent Guidelines Currently Under Development

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

----------------------------------------------------------------------------------------------------------------
                 Category                       Federal Register Cite/Proposal Date         Final action date
----------------------------------------------------------------------------------------------------------------
Transportation Equipment Cleaning.........  63 FR 34685 (June 25, 1998)...............  6/15/00
Centralized Waste Treatment...............  60 FR 5464 (January 27, 1995);............  8/31/00
                                            64 FR 2279 (January 13, 1999).............
Synthetic-Based Drilling Fluids (Oil and    64 FR 5487 (February 3, 1999).............  12/00
 Gas Production).
Coal Mining...............................  65 FR 19439 (April 11, 2000)..............  12/01
Iron and Steel Manufacturing..............  10/00.....................................  4/02
Metal Products and Machinery, Phases I and  60 FR 28209 (May 30, 1995)--Phase I only;   12/02
 II.                                         10/00 (Phase I and II).
Construction and Development..............  * 12/00...................................  * 12/02
Feedlots (Poultry, Swine, Beef, and Dairy   12/15/00..................................  12/15/02
 Subcategories).
Pulp, Paper, and Paperboard, Phases 2 & 3.  58 FR 66078 (December 17, 1993)...........  2000-2002
Meat Products.............................  12/01.....................................  12/03
Aquaculture...............................  6/30/02...................................  6/30/04
----------------------------------------------------------------------------------------------------------------
* EPA is discussing extensions to Consent Decree dates with NRDC

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 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 those

[[Page 37787]]

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 intends 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 Aquaculture and Meat Products 
as categories for new effluent guidelines and established schedules for 
those rules. The 2000 section 304(m) plan will report that action. Now, 
EPA is beginning the process for developing its section 304(m) plan for 
the year 2002.
    As EPA looks forward to the 2002 section 304(m) plan, selection 
criteria will be critical. Based on recommendations of the Effluent 
Guidelines Task Force, EPA has identified criteria for selecting 
categories for new or revised effluent guidelines. These include 
categories with potential multi-media impacts that may be candidates 
for coordinated rulemakings and categories that cause environmental 
impacts.
    In order to apply these selection criteria, EPA needs to assemble 
information for numerous industrial categories. Possible information 
sources are discussed below.

A. Targeting the Most Significant Environmental Problems

    EPA identified three currently available sources of information to 
help determine the most significant environmental problems. First, 
EPA's Office of Pollution Prevention and Toxics has developed a risk 
model called ``Risk Screening Environmental Indicators'' (RSEI). This 
model can be used to perform screening-level analyses of the potential 
risk-related impacts associated with releases reported in the Toxic 
Release Inventory. Many of the sources modeled to have the highest risk 
to water are in one of the metals industries, such as the Iron and 
Steel industry or the Metal Products and Machinery industry, for which 
effluent limitations guidelines development or revision is already 
underway. Second, pursuant to section 303(d) of the Clean Water Act and 
EPA's implementing regulations, States must list waters that do not 
meet applicable water quality standards after application of 
technology-based and other controls. These section 303(d) lists 
identify the pollutants and the source categories that may be 
responsible for the water quality impairments. Third, pursuant to 
section 305(b) of the Clean Water Act, States report the quality of 
their waters every two years. The source categories reported as the 
cause of impairment in these reports are consistent with those listed 
under section 303(d).
    EPA notes that there is no overlap between the categories ranking 
highest using the RSEI risk 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 risk 
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.

B. Targeting Industry Sectors That May Be Candidates for Pollution 
Prevention and Multi-Media Rulemaking

    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 rulemakings 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 potential 
source of information on possible sectors for future effluent guideline 
development.
    Another potential 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.

C. Targeting Sources That are Difficult to Permit

    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 have helped to identify many of the sectors for which effluent 
guidelines are currently being developed or revised.

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

    To help prepare the year 2002 section 304(m) plan, EPA plans to 
engage all interested parties in a dialogue about how to make the 
section 304(m) planning process succeed--and how to define success. The 
Agency has already launched the dialogue through discussions with the 
Effluent Guidelines Task Force, whose membership reflect a variety of 
stakeholder viewpoints. Based on those discussions, EPA proposes and 
solicits public comment regarding the following planning strategy.
    First, EPA intends to seek the views of as many interested persons 
as possible, with particular emphasis on individuals and organizations 
associated with industry, environmental interest groups, and State, 
Tribal and local governments. EPA expects to explore issues associated 
with the future and objectives of the effluent guidelines program and 
criteria EPA should employ in selecting among industry categories for 
possible new or revised effluent guidelines regulations. EPA also hopes 
to gather specific information regarding pollution problems and 
possible sources that will allow EPA to make its selection decisions 
for the coming years.
    EPA intends to reach out to interested stakeholders primarily by 
attending and where possible participating in meetings

[[Page 37788]]

and conferences sponsored by members of these communities, as well as 
through its website (http://www.epa.gov/ost) and less formal meetings. 
Members of the Effluent Guidelines Task Force have also agreed to 
assist EPA in this outreach effort. At this point, EPA envisions that 
this outreach will culminate in a one or two day highly focused 
national meeting of interested stakeholders in early December 2000 for 
the purpose of discussing how EPA can best use the effluent guidelines 
program to advance the Nation's most important water pollution 
problems, including a discussion of selection criteria and information 
sources. EPA also intends to discuss whether EPA's procedures for 
implementing the requirements of CWA section 304(m), including the 
process for selecting industrial categories for new or revised effluent 
guidelines, should be codified in federal regulations. The Effluent 
Guidelines Task Force has expressed preliminary support for such a 
regulation.
    Next, assuming that there is support for EPA to develop a 
regulation to implement section 304(m), EPA would hope to propose such 
a regulation for public comment in May 2001. EPA expects that the 
content of the regulation would be greatly influenced by the 
discussions at the national stakeholders meeting. The Effluent 
Guidelines Task Force has indicated its willingness to work with EPA in 
developing any such proposed section 304(m) regulation. If EPA proposes 
a section 304(m) regulation, EPA also envisions proposing for public 
comment at the same time its section 304(m) plan for 2002. In this 
scenario, EPA expects that the proposed plan would apply the principles 
set forth in the accompanying proposed section 304(m) regulation, 
thereby giving the public an opportunity to evaluate the proposed 
regulation in terms of how EPA would apply it.
    Finally, EPA intends to issue a final section 304(m) plan in 
February 2002. Again assuming that EPA proceeds with the regulation, 
EPA hopes to promulgate at the same time a final regulation to guide 
EPA in implementing section 304(m) for the future.

VIII. Request for Comments

    EPA invites public comment on today's proposed plan and most 
particularly on the section 304(m) planning strategy described 
immediately above. The Agency will accept comments until July 17, 2000. 
In particular, the Agency wants to learn about other sources of data 
that would help it compare wastestream characteristics, treatment 
practices, and effects on water quality among different discharger 
categories. EPA also requests comments on methodologies by which the 
Agency, together with our regulatory partners, technology experts, and 
other stakeholders, can annually review the applicability and potential 
economic impacts of technological advances on industries regulated by 
effluent guidelines. EPA also requests comment on potential 
methodologies for identifying categories of sources discharging toxic 
or nonconventional pollutants for which effluent limitations guidelines 
under 304(b)(2) and NSPS have not been published.

IX. 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'' 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 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 2, 2000.
Dana D. Minerva,
Acting Assistant Administrator for Water.
[FR Doc. 00-15298 Filed 6-15-00; 8:45 am]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>