[Federal Register Volume 63, Number 102 (Thursday, May 28, 1998)]
[Notices]
[Pages 29203-29213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14156]



[[Page 29203]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6103-5]
RIN 2040-AC20


Effluent Guidelines Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed effluent guidelines plan.

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SUMMARY: Today's document announces the Agency's proposed plans for 
developing new and revised effluent guidelines, which regulate 
industrial discharges to surface waters and to publicly owned treatment 
works. The document also describes EPA's revisions to its regulation 
development process, based on recommendations of the Effluent 
Guidelines Task Force. Section 304(m) of the Clean Water Act requires 
EPA to publish a biennial Effluent Guidelines Plan. The Agency requests 
comment on the proposal and will publish a final plan following the 
close of the comment period.

DATES: Comments must be received on or before July 27, 1998.

ADDRESSES: Submit comments in writing to: Water Docket Clerk (4101), 
U.S. Environmental Protection Agency, 401 M Street, S.W., Washington, 
D.C. 20460. The public record for this notice is available for review 
in the EPA Water Docket, East Tower Basement, 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, EPA Engineering and 
Analysis Division, telephone 202-260-7150.

SUPPLEMENTARY INFORMATION:

I. Regulated Entities
II. Legal Authority
III. Introduction
    A. Purpose of Today's Document
    B. Overview of Today's Document
IV. Effluent Guidelines Program Background
    A. Statutory Framework
    B. Components of an Effluent Guideline Regulation
    C. Traditional Approach to Development of Effluent Guideline 
Regulations
    D. Recent Revisions to the Effluent Guidelines Planning Process 
and Recommendations of the Effluent Guidelines Task Force
    E. NRDC Litigation and Consent Decree
V. Today's Proposed Effluent Guidelines Plan
    A. Effluent Guidelines Currently Under Development
    1. Schedule for Ongoing Rulemaking
    2. Rulemaking Projects Started in 1997
    a. Oil and Gas Extraction
    b. Coal Mining c. Feedlots (Swine and Poultry Subcategories)
    B. Process for Selection of New Effluent Guideline Regulations
    1. New Rulemaking Activities a. Feedlots (Beef and Dairy Cattle 
Subcategories) b. Other Rules
    2. Candidates for Effluent Guidelines Rulemaking Projects
    a. Preliminary Studies
    b. Previously-Noticed Studies
    c. Photographic Processing
    d. Chemical Formulating, Packaging and Repackaging
    e. Urban Storm Water
    f. Airport Deicing
    g. Fish Hatcheries and Farms
    3. Future Studies
    C. Other Rulemaking Actions
    1. Pulp, Paper and Paperboard, Phases 2 & 3
    2. Ore Mining and Dressing
VI. Request for Comments
VII. Economic Impact Assessment; Executive Order 12866
    Appendix A--Promulgated Effluent Guidelines
    Appendix B--Current and Future Rulemaking Projects
    Appendix C--Preliminary Studies

I. Regulated Entities

    Today's proposed plan does not contain regulatory requirements and 
does not provide specific definitions for each industrial category. 
Entities potentially affected by decisions regarding the final plan are 
listed below.

------------------------------------------------------------------------
                                      Examples of potentially affected  
        Category of entity                        entities              
------------------------------------------------------------------------
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  
                                     (truck tanks, 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.       
------------------------------------------------------------------------

    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 Appendices A and B of 
today's document.

II. Legal Authority

    Today's document is published under the authority of section 304(m) 
of the Clean Water Act, 33 U.S.C. 1314(m), which requires EPA to 
publish a biennial Effluent Guidelines Plan, which sets a schedule for 
review and revision of existing regulations and identifies categories 
of dischargers to be covered by new regulations.

III. Introduction

A. Purpose of Today's Document

    Today's document announces the Agency's proposed biennial plan 
pursuant to section 304(m). EPA invites the public to comment on the 
proposed plan, and following the close of the comment period the Agency 
will publish a final plan.

B. Overview of Today's Document

    The Agency proposes to develop effluent limitation guidelines and 
standards (``effluent guidelines'') as follows:
    1. Continue development of nine rules listed in the 1996 Effluent 
Guidelines Plan (61 FR 52582, October 7, 1996) and the 1997 Update (62 
FR 8726, February 26, 1997). The categories are: Pulp, Paper and 
Paperboard, Phases 2 and 3; Centralized Waste Treatment; Pharmaceutical 
Manufacturing; Metal Products and Machinery; Landfills; Industrial 
Waste Combustors (Incinerators); Industrial Laundries;

[[Page 29204]]

Transportation Equipment Cleaning; and Iron and Steel Manufacturing.
    2. Continue development of 3 rules started by the Agency in 1997: 
Oil and Gas Extraction (Synthetic-Based Drilling Fluids); Coal Mining 
(Remining and Western subcategories); and Feedlots (Poultry and Swine 
subcategories).
    3. Begin development of revised effluent guidelines for the 
Feedlots category (Beef and Dairy Cattle subcategories) and two 
additional categories (new or revised), by December 1998.
    4. Complete preliminary studies on Feedlots, Urban Storm Water, and 
Airport Deicing.
    5. 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. Effluent Guidelines Program Background

A. Statutory Framework

    The Federal Water Pollution Control Act (FWPCA) of 1972 (Pub. L. 
92-500, Oct. 18, 1972) (the ``Act'') established a program to restore 
and maintain the integrity of the nation's waters. To implement the 
Act, Congress directed EPA to issue effluent limitation guidelines, 
pretreatment standards, and new source performance standards for 
industrial dischargers. These regulations were to be based principally 
on the degree of effluent reduction attainable through the application 
of control technologies.
    The 1977 amendments to the FWPCA, known as the Clean Water Act 
Amendments (Pub. L. 95-217, Dec. 27, 1977) (CWA), added an additional 
level of control for conventional pollutants such as biochemical oxygen 
demand (BOD) and total suspended solids (TSS), and stressed additional 
control of 65 toxic compounds or classes of compounds (from which EPA 
later developed a list of 126 specific ``priority pollutants''). To 
further strengthen the toxics control program, section 304(e), added by 
the 1977 amendments, authorized the Administrator to establish 
management practices to control toxic and hazardous pollutants in plant 
site runoff, spillage or leaks, sludge or waste disposal, and drainage 
from raw material storage.
    The effluent guidelines promulgated by EPA reflect the several 
levels of regulatory stringency specified in the Act, and they also 
focus on different types of pollutants. Section 301(b)(1)(A) directs 
the achievement of effluent limitations requiring application of best 
practicable control technology currently available (BPT). In general, 
effluent limitations based on BPT represent the average of the best 
treatment technology performance for an industrial category. For 
conventional pollutants listed under section 304(a)(4), section 
301(b)(2)(E) directs the achievement of effluent limitations based on 
the performance of best conventional pollutant control technology 
(BCT). The Act requires that BCT limitations be established in light of 
a two-part ``cost-reasonableness'' test. The test, which assesses the 
relative costs of conventional pollutant removals, is described in 
detail in the Federal Register notice promulgating the final BCT rule 
on July 9, 1986 (51 FR 24974).
    Both BPT and BCT regulations apply only to direct dischargers, 
i.e., those facilities that discharge directly into waters of the 
United States. In general, regulations are not developed to control 
conventional pollutants discharged by indirect dischargers because the 
POTWs receiving those wastes normally provide adequate treatment of 
these types of pollutants or they can be adequately controlled through 
local pretreatment limits.
    For the toxic pollutants listed in section 307(a), and for 
nonconventional pollutants, sections 301(b)(2)(A), (C), (D) and (F) 
direct the achievement of effluent limitations requiring application of 
best available technology economically achievable (BAT). Effluent 
limitations based on BAT are to represent at a minimum the best control 
technology performance in the industrial category that is 
technologically and economically achievable.
    In addition to limitations for existing direct dischargers, EPA 
also establishes new source performance standards (NSPS) under section 
306 of the Act, based on the best available demonstrated control 
technology, processes operating methods, or other alternatives. NSPS 
apply to new direct dischargers. Generally the NSPS limitations are to 
be as stringent as, or more stringent than, BAT limitations for 
existing sources within the category or subcategory.
    Although the limitations are based on the performance capability of 
particular control technologies, including in some cases in-process 
controls, dischargers may meet their requirements using whatever 
combination of control methods they choose, such as manufacturing 
process or equipment changes, product substitution, and water re-use 
and recycling. The limitations and standards are implemented in permits 
issued through the National Pollutant Discharge Elimination System 
(NPDES) pursuant to section 402 of the Act for point sources 
discharging directly to the waters of the United States.
    Section 402 of the CWA provides for the issuance of permits to 
direct dischargers under NPDES. These permits, which are required by 
section 301, are issued either by EPA or by a State agency approved to 
administer the NPDES program. Individual NPDES permits must incorporate 
applicable technology-based limitations contained in guidelines and 
standards for the industrial category in question. Where EPA has not 
promulgated applicable technology-based effluent guidelines for a 
category, section 402(a)(1)(B) provides that the permit must 
incorporate such conditions as the Administrator determines are 
necessary to carry out the provisions of the Act. In other words, the 
permit writer uses best professional judgment (BPJ) to establish 
technology-based limitations for the dischargers.
    Indirect dischargers are regulated by the general pretreatment 
regulations (40 CFR part 403), local discharge limits developed 
pursuant to part 403, and categorical pretreatment standards for new 
and existing sources (PSNS and PSES) covering specific industrial 
categories. These categorical standards under sections 307(b) and (c) 
apply to the discharge of pollutants from non-domestic sources which 
interfere with or pass through publicly owned treatment works (POTWs), 
and are enforced by POTWs or by State or Federal authorities. The 
categorical pretreatment standards for existing sources covering 
specific industries are generally analogous to the BAT limitations 
imposed on direct dischargers. The standards for new sources are 
generally analogous to NSPS.
    To ensure that effluent guidelines remain current with the state of 
the industry and with available control technologies, section 304(b) of 
the Act provides that EPA shall revise the effluent guidelines at least 
annually if appropriate. In addition, section 301(d) provides that EPA 
shall review and if appropriate, revise any effluent limitation 
required by section 301(b)(2).

B. Components of an Effluent Guideline Regulation

    The principal components of most effluent guideline regulations are 
numerical wastewater discharge limitations controlling specified 
pollutants for a given category. These are typically concentration-
based limits (specified in units such as milligrams of pollutant per 
liter of water) or

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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.
    A guideline is often subcategorized based on differences in raw 
materials, manufacturing processes, characteristics of the wastewaters, 
or type of product manufactured; in some cases, non-water quality 
environmental impacts or other appropriate factors that justify the 
imposition of specialized requirements on the subcategorized facilities 
are used as a basis. EPA develops a set of effluent limitations for 
each category or subcategory at each level of control (BPT, BAT, etc.) 
that is addressed in the guideline.
    A guideline also may prescribe Best Management Practices (``BMPs'') 
in addition to or in lieu of numerical limits. BMPs may include, for 
example, requirements addressing the minimization or prevention of 
storm water runoff, plant maintenance schedules and requirements 
addressing the training of plant personnel. The recently promulgated 
Pulp, Paper and Paperboard rule requires mills to implement BMPs to 
prevent or otherwise contain leaks and spills of spent pulping liquor, 
soap, and turpentine and to control intentional diversions of those 
materials (40 CFR 430.03, 63 FR 18641, April 15, 1998).

C. Traditional Approach to Development of Effluent Guideline 
Regulations

    EPA has accumulated substantial experience and expertise in the 
course of preparing 51 effluent guidelines. This section of the notice 
summarizes the various tasks which the Agency typically undertakes in 
an effluent guideline rulemaking.
    Traditionally, EPA begins work on an effluent guideline rulemaking 
project by tentatively defining the scope and dimensions of the 
discharger category. The Agency determines the size of the category as 
it has been defined, using all available sources of information. Given 
the diversity of regulatory categories, no single source suffices to 
establish size. At various times, EPA has used one or more of the 
following sources: Standard published sources, information available 
through trade associations, data purchased from the Dun and Bradstreet, 
Inc. data base, other publicly available data bases, U.S. Census Bureau 
data, other U.S. Government information, and any available EPA data 
base. If a category is very large and/or diverse, the Agency will 
determine whether it can be broken down into appropriate categories or 
subcategories. If more than one subcategory can be identified, the 
Agency may need to establish priorities for regulation.
    EPA works with interested stakeholders early in the regulation 
development process. State and local regulatory officials familiar with 
the category are consulted, and business associations and citizen 
groups are also invited to share information.
    Regulatory information about discharger categories has often been 
obtained by EPA through survey questionnaires, site visits and 
wastewater sampling. Survey questionnaires solicit detailed information 
necessary to assess the statutory rulemaking factors (particularly 
technological and economic achievability of available controls), water 
use, production processes, and wastewater treatment and disposal 
practices. A portion of the Agency's questionnaires also seek 
information necessary to assess the economic achievability of a 
prospective regulation.
    Generally, the Agency uses on-site wastewater sampling and detailed 
monitoring data to characterize the pollutants found in discharges. 
Site visits are also used to assess manufacturing processes, wastewater 
generation, pollutant control technologies, pollution prevention 
opportunities (e.g., process changes), and potential non-water quality 
impacts of effluent guidelines (e.g., air emissions, sludge generation, 
energy usage).
    In developing a list of pollutants of concern for a category, EPA 
initially will study wastewater samples for a broad range of pollutants 
that can be measured by recognized analytical methods. Currently over 
457 pollutants or analytes can be measured by these methods. This 
includes the subset of 126 pollutants known as ``priority'' pollutants 
developed pursuant to CWA section 307(a). EPA will develop new 
analytical methods to cover additional pollutants as necessary. For 
example, the Agency has developed new methods for use in the 
Pesticides, Pulp and Paper, Pharmaceuticals, and Offshore Oil and Gas 
effluent guidelines. (EPA generally proposes any new methods for public 
comment concurrently with the proposed rule.)
    Most of the effluent sampling and analysis that has been conducted 
specifically to support effluent guideline regulations promulgated to 
date has been conducted by EPA. On occasion, however, these activities 
have been pursued on a cooperative basis with discharging facilities. 
For example, EPA and numerous pulp and paper manufacturers participated 
in cooperative efforts to sample and analyze effluent, wastewater 
treatment sludge, and pulp from domestic mills that bleach chemical 
pulp in their production processes.
    EPA conducts engineering and statistical analyses of the technical 
data to develop control and treatment options for the pollutants of 
concern, and the projected costs for these options. The Agency 
considers the costing information and economic data gathered from the 
survey and other sources in its economic impact analysis, and then 
selects one or more of the options as the basis for a rulemaking 
proposal. It also develops assessments of the environmental impact of 
the category's discharges, and may conduct a benefit-cost analysis as 
well.
    The Regulatory Flexibility Act of 1980, as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) (Title 
III of Pub. L. 104-121, March 29, 1996), requires that EPA conduct 
regulatory flexibility analyses for rules which have a significant 
economic impact on a substantial number of small entities. These 
analyses are to assess the impact of the rule on small entities and 
consider alternative ways of reducing those impacts. Section 344 of 
SBREFA also requires EPA to organize a ``small business advocacy review 
panel'' for each rule where a regulatory flexibility analysis is 
required.
    Prior to publishing a proposed rule, EPA usually conducts a public 
meeting to discuss the Agency's findings and describe the general 
outlines of the rule. Following publication, a hearing is conducted 
during the public comment period, and supplemental notices of new data 
may be published, if appropriate.

D. Recent Revisions to the Effluent Guidelines Planning Process and 
Recommendations of the Effluent Guidelines Task Force

    EPA has recently revised the Effluent Guidelines planning process 
based on its discussions with the Effluent Guidelines Task Force, an 
advisory committee. The Task Force was established by EPA in 1992 to 
recommend improvements to the effluent guidelines program. The 
committee consists of members appointed by the Agency from industry, 
citizen groups, state and local government, the academic and scientific 
communities, and EPA's Office of Research and Development. The Task 
Force was created to offer advice to the EPA Administrator on the long-
term strategy for the effluent guidelines

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program, and particularly to provide recommendations on a process for 
expediting the promulgation of effluent guidelines. It is chartered as 
a subcommittee of the National Advisory Council for Environmental 
Policy and Technology (NACEPT), the external policy advisory board to 
the Administrator, pursuant to the Federal Advisory Committee Act (5 
U.S.C. App. II, sec. 9(c)).
    The Task Force has been focusing on alternative regulatory 
processes that would allow EPA to promulgate effluent guidelines more 
rapidly and at lower cost to the government. Several key aspects of the 
rulemaking process have been discussed, including determination of 
regulatory scope and data collection.
    The Task Force has suggested that EPA consider making decisions on 
the scope of a regulation early in the rulemaking process. Task Force 
members generally believe that by focusing on the segment of an 
industry that is of greatest concern, EPA can reduce its data 
collection and analysis costs while achieving the majority of benefits 
that would be achieved by the more exhaustive examination currently 
given to industrial sectors. Several Task Force members have suggested 
that additional savings could be realized by limiting the examination 
of potential control technologies to one or two well-demonstrated 
technologies, rather than pursuing data on a larger range of 
technologies employed by good performers in the industry. Similarly, 
several Task Force members have suggested that by focusing on the known 
pollutants of greatest concern rather than conducting independent 
testing of over 400 pollutant parameters, both time and money could be 
saved. These approaches could lead to more focused regulations that are 
developed based on early presumptions regarding the most effective 
control technologies and key pollutant parameters to be controlled.
    Key to the success of these approaches is the early involvement of 
a variety of stakeholders with knowledge of the industry, control 
technologies, and environmental impacts. Potential drawbacks include a 
reduced ability to identify pollution prevention opportunities for all 
or segments of the industry, and a reduced ability to quantify (and 
monetize) the full range of benefits that will result from the 
regulation. The Task Force acknowledged that decision-makers would be 
expected to accept greater risk and make decisions on less 
comprehensive data if the time and cost savings are to be realized.
    The Task Force also suggested that the Agency could reduce both the 
time and costs for data collection by relying more on existing data 
sources and less on specially-designed questionnaires.
    With respect to technical process and wastewater control data, the 
Agency could rely on assessments of the current baseline by industry, 
states, and local municipalities, and supplement those assessments with 
independent site and sampling episodes.
    With respect to performance data, EPA could conduct fewer site 
visits and sampling episodes compared to previous rules and rely more 
on existing performance data that meets the Agency's quality control 
criteria. Since most existing data would be on conventional pollutants, 
with less data on a limited set of nonconventional and toxic 
pollutants, this shift to existing data is also linked with the concept 
of focusing on a limited number of pollutant parameters. Additional 
sampling for the effluent guideline could also be performed by 
stakeholders to supplement the Agency's independent efforts. For 
example, EPA worked with the Association of Metropolitan Sewerage 
Agencies (AMSA) to develop a sampling protocol which was used by the 
Hampton Roads Sanitary District, Virginia Beach, VA., to independently 
sample a facility that falls within the scope of the Metal Products and 
Machinery regulation. Other associations have expressed interest in 
conducting their own sampling episodes based on this protocol to 
further supplement the regulatory record.
    With respect to financial and economic information, there is a 
subset of data that is publicly available for many of the larger, 
publicly-held entities. Economic impacts on smaller and privately-held 
entities that may be affected may be more difficult to assess. This 
difficulty may be offset by a focus on larger sources in the original 
scoping of the regulatory project.
    Each of the three new effluent guideline projects started in late 
1997 respond to the Task Force recommendations in one or more ways.
    <bullet> EPA is developing a focused rule that will establish 
limitations for the use of synthetic-based drilling fluids (SBFs) in 
the Oil and Gas Extraction category (40 CFR part 435). Because of the 
extensive information collected in the previous two rulemakings 
covering the offshore and coastal subcategories, a limited amount of 
data collection activities are necessary. The Agency has already 
acquired data on the characteristics of SBFs and is developing other 
data in cooperation with the industry and the Departments of Energy and 
Interior which will be useful in supporting an accelerated regulation 
development approach. Identifying appropriate toxicity tests, 
consisting of both aqueous and sediment phase test methods, analytical 
methods for use with synthetic rather than water-based drilling fluids 
and technologies for cleaning drill cuttings are in progress and are 
expected to give results that will be used in developing the proposed 
rule.
    <bullet> EPA is developing a focused rule addressing coal remining 
operations, which are not covered by the existing Coal Mining Category 
(40 CFR part 434), and alkaline mining operations in the west, for 
which existing regulations based on sedimentation ponds may not be 
environmentally effective. Since promulgation in 1985, sediment control 
technologies have reportedly advanced in both number and 
sophistication. For this regulation, EPA is implementing a number of 
the Task Force recommendations. First, EPA is focusing on two segments 
for which controls have been identified that would result in 
environmental improvements. Second, the Agency has enlisted the support 
of the U.S. Office of Surface Mining and the Interstate Mining Compact 
Commission to assemble and analyze existing information. This 
information includes information on the current state of the industry 
that will allow EPA to assess the baseline and economic status. It also 
includes performance data on pollutant controls that will allow us to 
assess the effectiveness of technologies and management practices. 
Pollutants of concern will be determined from among those pollutants 
for which performance data exist.
    <bullet> The revisions to the Feedlots category (40 CFR part 412) 
will also rely on the Task Force recommendations. First, the regulation 
will focus on specific industry segments, beginning with pork and 
poultry operations, and then looking at beef and dairy cattle 
operations. Second, EPA will rely, in part, on stakeholders for 
background information. For example, the Agency is working with the 
U.S. Department of Agriculture (USDA) and the major trade associations 
to develop models (both technical and economic) to depict the current 
baseline activities, and to assess costs and impacts of alternative 
controls. EPA has received a ``framework'' document from the Pork 
Producers Council which identifies their recommendations for controls 
of wastes generated at their member facilities. The poultry industry is 
embarking on a similar effort. The

[[Page 29207]]

environmental community has offered to provide their recommendations 
for regulatory controls for the feedlot industry as a whole. EPA 
expects to use each of these as well as expertise and research from 
USDA to evaluate control options.
    These new projects are discussed further in section V.A.2 of 
today's document.

E. NRDC Litigation and Consent Decree

    EPA has developed today's proposed Effluent Guidelines Plan 
pursuant to a consent decree in NRDC et al v. Browner (D.D.C. Civ. No. 
89-2980, January 31, 1992, as modified). The Decree commits EPA to 
schedules for proposing and taking final action on effluent guidelines, 
and also for conducting preliminary studies. Some of the categories to 
be regulated are specified in the Decree. For the remaining required 
rulemakings, EPA retains the discretion to select guidelines for 
development based on Agency priorities.
    EPA will use the results of the preliminary studies and other 
information (such as public comments and recommendations from state and 
local governments) to select industries for future regulation. The 
Decree requires the Agency to study eleven industries.
    The Decree also required EPA to establish the Effluent Guidelines 
Task Force to formulate recommendations for improvements to the 
effluent guidelines program. The Task Force has held several public 
meetings and has submitted recommendations to the EPA Administrator.
    Since 1992, EPA and NRDC have agreed to several modifications of 
the Decree consisting of deadline extensions for certain rules.

V. Today's Proposed Effluent Guidelines Plan

A. Effluent Guidelines Currently Under Development

1. Schedule for Ongoing Rulemaking
    The Agency is currently in the process of developing new or revised 
effluent guidelines for 12 categories. The categories and actual or 
Consent Decree dates for proposal and final action are set forth in 
Table 1.

        Table 1.--Effluent Guidelines Currently Under Development       
------------------------------------------------------------------------
                                         Proposal         Final action  
                                   -------------------------------------
             Category                Consent  decree                    
                                     or  publication    Consent  decree 
                                           date                         
------------------------------------------------------------------------
Pulp, Paper and Paperboard, Phases                                      
 2 & 3............................       \1\ 12/17/93      \1\ 2000-2002
Centralized Waste Treatment.......            1/27/95        \3\ 8/15/99
Pharmaceutical Manufacturing......             5/2/95               7/98
Metal Products and Machinery......        \2\ 5/30/95                   
                                                10/00              12/02
Industrial Laundries..............            2/17/97               6/99
Landfills.........................             2/6/98              11/99
Industrial Waste Combustors                                             
 (Incinerators)...................             2/6/98              11/99
Transportation Equipment Cleaning.            5/15/98            6/15/00
Oil and Gas Extraction (Synthetic                                       
 Drilling Fluids).................              12/98              12/00
Iron and Steel Manufacturing......          \3\ 12/98          \3\ 12/00
Coal Mining.......................              12/99              12/01
Feedlots (Poultry and Swine                                             
 Subcategories)...................              12/99              12/01
------------------------------------------------------------------------
\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 NRDC.     

2. Rulemaking Projects Started in 1997
    In 1997 EPA began to develop revised or new standards for portions 
of three categories: Oil and Gas Extraction, Coal Mining, and Feedlots. 
The rationale for selection and the tentative scope of rulemaking 
coverage are described below.
    a. Oil and Gas Extraction. Oil and Gas Extraction is covered by 
existing effluent guidelines at 40 CFR part 435. The most recent 
amendments were promulgated for the Offshore Category (58 FR 12454, 
March 4, 1993) and the Coastal Subcategory (61 FR 66086, December 16, 
1996). This regulatory development project will establish limitations 
for the use and discharge of synthetic-based drilling fluids (SBFs) 
where discharge of drilling fluids is permitted. SBFs are used in lieu 
of oil-based drilling fluids in certain high performance drilling 
operations. SBFs are not adequately addressed by current effluent 
limitations for discharge of drilling fluids which were developed based 
on the use of oil and water-based fluids. Current information suggests 
that improvements in synthetic-based drilling fluids in recent years 
have reduced their aquatic toxicity, increased their biodegradability, 
and reduced the volume of drilling fluids and cuttings wastes 
generated. Use of synthetic-based drilling fluids instead of water-
based drilling fluids in the geographic areas where discharge is 
allowed will provide additional environmental protection by reducing 
aquatic toxicity of discharges and reducing the amount of cuttings on 
the ocean floor.
    EPA intends to issue a proposed rule by December 1998 and take 
final action by December 2000.
    b. Coal Mining. Coal Mining activities are covered by existing 
effluent guidelines at 40 CFR part 434. The existing regulations, 
however, do not address remining operations, which improve effluent 
quality and quantity from abandoned mine lands while reclaiming them, 
and prevent disturbance of previously undisturbed lands. This 
regulatory project focuses, in part, on remining operations nationwide 
which will expedite permitting and provide a national standard of 
environmental performance for these activities.
    The existing regulations do not differentiate between alkaline 
mining operations in the west and the acidic mining operations in other 
geographic regions. Advances in treatment technologies and Best 
Management Practices pertinent to alkaline coal

[[Page 29208]]

mines in the west show promise of being more protective of water 
quality than existing standards. Given concerns over the ability of 
existing regulations to achieve water quality standards established by 
Native American tribes, EPA intends to explore the development of a new 
subcategory for alkaline mining operations in the west.
    EPA intends to issue a proposed rule by December 1999 and take 
final action by December 2001.
    c. Feedlots (Swine and Poultry Subcategories). Feedlot operations 
are covered by existing effluent guidelines at 40 CFR part 412. These 
regulations, which require the largest confined animal feeding 
operations to achieve zero discharge of wastes to surface waters except 
under extreme storm events, have not been sufficient to resolve water 
quality impairment from feedlot operations. Waste spills and leaks from 
storage lagoons, runoff of wastes from land application, and the 
combined effect of allowable waste discharges from smaller facilities 
have led to a range of environmental and health problems ranging from 
fish kills and accelerated eutrophication of surface waters to 
contamination of drinking water and shell fish.
    This regulatory project focuses on swine and poultry operations 
which have been identified as substantial contributors of nutrients in 
surface waters that have severe anoxia (low levels of dissolved oxygen) 
and problem algae blooms especially in estuarine waters.
    EPA intends to issue a proposed rule for the Swine and Poultry 
Subcategories by December 1999 and take final action by December 2001.

B. Process for Selection of New Effluent Guideline Regulations

    Section 304(m) does not specify criteria that the Agency should use 
to select categories for regulation by effluent guidelines. For the 
first Effluent Guidelines Plan, published January 2, 1990 (55 FR 80), 
EPA listed criteria it had used to select categories. The 1992 consent 
decree, while specifying some of the categories to be regulated, allows 
the Agency flexibility in selecting future categories for regulation, 
and does not specify selection criteria. EPA intends to continue to use 
selection criteria such as those listed in previous Effluent Guidelines 
Plans. Additionally, in light of recommendations from the Task Force, 
the Agency has considered the availability of technical data on a 
category's discharges (both within EPA, at other Federal agencies, and 
from States, local governments and industry) and the potential for 
developing a rule on an expedited schedule in determining which 
projects are good candidates for early implementation of the Effluent 
Guidelines Task Force recommendations.
1. New Rulemaking Activities
    The 1992 consent decree requires that EPA begin two rulemaking 
projects by December 1998, and begin two additional projects by 
December 1999. EPA plans to begin development of effluent guidelines 
for the Beef and Dairy Cattle subcategories of the Feedlots category 
this year. The Agency will select additional projects at a later date.
    a. Feedlots (Beef and Dairy Cattle Subcategories). This regulatory 
project focuses on dairy and beef cattle operations which represent a 
large segment of the feedlot industry and have been identified as 
substantial contributors of nutrients in surface waters that have 
severe anoxia (low levels of dissolved oxygen) and affect drinking 
water sources in the western and central regions of the United States.
    EPA intends to issue a proposed rule for the Dairy and Beef Cattle 
Subcategories by December 2000 and take final action by December 2002.
    b. Other Rules. EPA has not yet selected additional rulemaking 
projects. EPA is not proposing specific industrial categories for 
selection in today's notice. However, based on the data sources listed 
above, the Agency may choose the next categories from the following 
list. A brief discussion of candidate categories is provided later in 
this section.

<bullet> Petroleum Refining
<bullet> Textile Mills
<bullet> Inorganic Chemicals
<bullet> Steam Electric Power Generating
<bullet> Photographic Processing
<bullet> Chemical Formulators and Packagers
<bullet> Urban Storm Water
<bullet> Airport Deicing
<bullet> Fish Hatcheries and Farms
<bullet> Other categories identified in public comments on today's 
proposed plan.
2. Candidates for Effluent Guidelines Rulemaking Projects
    Candidate categories for rulemaking include both categories 
specifically studied by EPA and others about which the Agency has 
received information on wastewater and storm water discharges and 
adverse environmental impacts. The public is invited to comment on 
these categories, as well as recommending other categories for 
development of new or revised effluent guidelines.
    a. Preliminary Studies. The purpose of a Preliminary Study is to 
describe the nature of pollutant discharges from a category of 
facilities, and to provide a basis for comparison with other categories 
for purposes of assigning priorities for regulation. The results of a 
Preliminary Study for a category are published in a ``Preliminary Data 
Summary.'' The Preliminary Data Summary presents a synopsis of recent 
technical and economic information on a category of dischargers. The 
Preliminary Data Summaries are not used directly as a basis for 
rulemaking, but are used in the Agency's determination of which 
categories most require preparation of new or revised effluent 
guidelines. (They also may be expanded to become guidance documents for 
NPDES permit writers and POTWs.)
    A Preliminary Study typically collects data on the following:
    <bullet> The products manufactured and/or services provided by a 
category;
    <bullet> Number, types and geographic location of facilities;
    <bullet> Destination of discharges (directly to surface waters, 
indirectly to POTWs, or both);
    <bullet> Characterization of the wastewater discharges and 
identification of pollutants present in the waste streams (e.g., mean 
concentrations of pollutants, wastewater volumes, mass loadings);
    <bullet> Sampling and analytical methods employed to ascertain the 
presence and concentration of pollutants in the wastewater;
    <bullet> Source reduction, recycling and pollution control 
technologies in use and potentially applicable to the category;
    <bullet> Non-water quality environmental impacts associated with 
wastewater treatment in the category (e.g., air emissions, wastewater 
treatment sludges, and other wastes including hazardous wastes);
    <bullet> Cost of control technologies in place and cost estimates 
for additional controls;
    <bullet> Cost-effectiveness of reduction of toxic and 
nonconventional pollutants;
    <bullet> Estimates of water quality impacts of discharges within 
the subject category; and
    <bullet> Economic assessment (current financial condition of 
facilities, expansion or reduction trends, size characterization of 
businesses or other organizations, impact of estimated treatment costs 
on representative facilities).
    The type and level of detail of information varies among the 
Preliminary Data Summaries, depending on the data available to the 
Agency when each document is prepared and whether the category is 
covered by an

[[Page 29209]]

existing effluent guideline. For example, some of the Summaries have 
comprehensive, primary data on the number and location of the 
discharging facilities while others contain estimates drawn from 
secondary data sources. However, the Summaries represent the Agency's 
best characterization of industries at the time the summaries are 
compiled. As additional data are acquired, they are factored into the 
evaluation process. Consequently, the Preliminary Data Summaries are 
also subject to revision. The Agency has made the Summaries available 
to the public and has received comments on some of these studies. 
Comments are available for review in the record for today's proposed 
Plan.
    b. Previously-Noticed Studies. Six of the completed studies were 
described in the 1996 Proposed Plan (61 FR 35048): Petroleum Refining; 
Metal Finishing; Textile Mills; Inorganic Chemicals; Steam Electric 
Power Generating; and Iron and Steel Manufacturing.
    c. Photographic Processing. The Photographic regulations were 
promulgated in 1976 for BPT (direct dischargers) only, at 40 CFR part 
459. Subsequent to promulgation of the BPT rule, EPA collected some 
additional information to support development of BAT, NSPS and 
pretreatment standards, but no additional rules were promulgated.
    EPA completed a Preliminary Data Summary for the Photographic 
Processing Industry in 1996. The study found that about 100,000 
establishments were listed in 1996 in Dun & Bradstreet data under the 
term ``commercial photo processing.'' In addition, significant photo 
processing also occurs as an ancillary activity within the health care 
profession and at noncommercial facilities such as schools and police 
departments. Combining all types of facilities, it was estimated that 
photo processing operations occur at 350,000 to 500,000 locations in 
the United States. However, virtually none of these photo processing 
establishments have discharge permits based on the existing effluent 
guidelines because: (a) Most establishments are indirect dischargers, 
and no pretreatment standards were established; or (b) those that are 
direct dischargers do not meet the 1,600 square feet per day processing 
requirement for applicability under part 459.
    The study estimated the water use in 1994 by the commercial sector 
(approximated to represent 44 percent of total photo processing volume) 
to be 2,250 million gallons. The major waste stream constituents of 
concern (with values for the commercial sector) includes sulfates (2.8 
million lbs.), ammonia (3 million lbs.), silver (190 thousand lbs.), 
thiosulfate, and cyanide. Several technologies are available and 
employed to either treat the wastestreams, or as common in this 
industry, recover the chemicals and metals in the wastewater for resale 
or reuse.
    Local POTW limits vary from municipality to municipality, but are 
normally numeric and concentration-based. Frequently, the only 
pollutant monitored in the indirect discharge permit is silver. Many of 
the local limits are based on silver nitrate, a highly dissociated and 
toxic compound. While silver nitrate is used in the production of 
photographic film and paper, it is not a characteristic pollutant of 
photo processing wastewaters. Rather, silver in photo processing 
wastewaters is characteristically in the form of silver thiosulfate 
complex, which has been shown to be about 20,000 to 40,000 times less 
toxic, on a concentration basis, to acutely exposed fathead minnows. 
The local limits may be overly stringent with regard to concentration 
of silver discharged, while lax on total mass of silver or other 
pollutants, due to lack of technical expertise and resources available 
at the local level.
    In an effort to provide more technical expertise to photo 
processing facilities and POTWs, AMSA and the Silver Council, an 
industry association, have developed a set of recommended silver 
management practices. They are currently evaluating the effectiveness 
of the management practices at a variety of sites nationwide.
    d. Chemical Formulating, Packaging and Repackaging. EPA completed a 
Preliminary Data Summary for the Chemical Formulating, Packaging and 
Repackaging (CFPR) industry in 1996. The summary describes the size and 
demographics of the industry, CFPR operations and the typical 
wastewaters generated, as well as the extent to which pollution 
prevention (P2) techniques are used throughout the industry. In 
addition, the study compares the operations, P2 techniques and economic 
viability of the CFPR industry to the Pesticide Formulating, Packaging 
and Repackaging (PFPR) industry. For the purposes of the study, EPA 
included the following sectors in the CFPR industry: specialty 
cleaners, polishes, sanitation preparations, cosmetics, perfumes, 
personal products, soaps and detergents, adhesives and sealants, paints 
(non-solvent based), inks (non-solvent based), and water treatment 
chemicals (non-pesticide).
    There are no existing effluent guidelines or categorical standards 
for the CFPR industry and their discharges are regulated largely 
through local POTW limitations. The facilities are not subject to 
general EPA reporting requirements pertaining to their production and 
wastewater generation and the Agency estimates that there may be as 
many as 12,800 facilities based on Dun and Bradstreet data. Much of the 
technical portion of the study discusses anecdotal information 
collected through contacts with POTWs, regional and state pretreatment 
coordinators, individual facilities, and trade associations 
representing several sectors of the CFPR industry. The study also 
includes information from EPA's Adhesives and Sealants Study (``Summary 
of Findings: Water and Waste Management for the Adhesives and Sealants 
Manufacturing Point Source Category,'' EPA Effluent Guidelines 
Division, draft report August 1984), the databases for the final PFPR 
effluent guidelines (40 CFR part 455, 61 FR 57518, November 6, 1996), 
as well as economic information from the U.S. Economic Census and the 
Census Bureau's Annual Survey of Manufactures.
    The volume of a CFPR facility discharge is small--typically 10 
million gallons per year-- compared to those from chemical 
manufacturing facilities. CFPR discharges include surfactants and 
various organic chemicals. Overall, POTWs report having experienced 
very few treatment system upsets or pollutant pass-through incidents 
associated with their CFPR users. Some POTWs have reported foaming 
problems or high-concentration (``slug'') discharges from CFPRs, but 
these problems have been corrected though a variety of methods 
available in the general pretreatment program.
    e. Urban Storm Water. EPA is conducting a preliminary study of 
urban storm water discharges to explore how the Effluent Guidelines 
program can contribute to the Agency's efforts in implementing the 
national storm water program requirements under section 402(p) of the 
Clean Water Act. Discharges from municipal separate storm water sewer 
systems (``MS4'') serving a population of 100,000 or more are subject 
to NPDES storm water permitting requirements at 40 CFR 122.21 and 
122.26. The Agency recently published a proposed rule that would extend 
NPDES permit requirements to smaller MS4s in urbanized areas (63 FR 
1536, January 9, 1998).
    EPA is considering whether development of effluent guidelines 
regulations, or additional technical information and guidance on

[[Page 29210]]

characterizing storm water discharges and evaluating the efficacy of 
controls would be useful to discharging facilities in complying with 
permit requirements. Because the nature of the dischargers and 
discharges in urban storm water are somewhat different from the 
industrial discharges usually regulated by effluent guidelines, the 
study format will vary somewhat to accommodate other issues and 
concerns. EPA intends that the study will include a summary of existing 
storm water resources on best management practices (BMPs), a 
description of adverse environmental impacts from storm water 
discharges, a summary of available methods for estimating the 
relationship between storm event size and bacteriological impacts, 
descriptions of types of regionally-appropriate storm water BMPs (both 
structural and non-structural) and how to measure their performance, 
cost and economic impact considerations, and a description of 
measurable goals that could be used to evaluate the effectiveness of 
storm water management controls. The Agency will complete a preliminary 
data summary by December 1998.
    f. Airport Deicing. EPA began the Airport Deicing study formally in 
January 1998, although some site visits were conducted as early as 
Summer 1997. Early data-gathering efforts for the study have been 
initiated. The Agency is conducting a literature search on pollution 
prevention practices related to aircraft deicing, including alternative 
and innovative deicing practices at airports in the United States, as 
well as in other countries. The Agency is reviewing previously-
collected data as well as information gathered through contacts with 
the trade associations representing various segments of the industry, 
environmental groups, manufacturers of deicing chemicals and vendors of 
deicing-related equipment and treatment technologies. Also, the Agency 
is planning to review airport storm water monitoring data that is 
collected under the Multi-Sector General Permit requirements.
    The Agency will be conducting site visits to airports of differing 
sizes and geographic locations. These visits will include airports that 
employ pollution prevention, on-site recycling or alternative deicing 
technologies. Specifically, the purposes of the site visits are:
    <bullet> To gather basic information on a variety of deicing 
activities and to determine what factors affect deicing operations;
    <bullet> To determine and evaluate the level of wastewater 
treatment for any collected deicing fluids;
    <bullet> To gather information to characterize the raw, untreated 
effluent generated from any deicing operations in terms of pollutant 
concentrations, volumes and environmental impacts; and
    <bullet> To gather information on new or innovative pollution 
prevention practices.
    EPA will examine the effectiveness of the current storm water 
permitting system and the comparative effectiveness of an effluent 
guideline approach for airport deicing activities. The Agency will also 
evaluate the status and trends of de-icing chemical use at airports, 
including the costs and cost-minimization opportunities of deicing 
material management, and the development and use of prevention and 
treatment technologies will be evaluated. Wastewater characterization 
sampling visits are expected to be conducted next winter. The Agency 
will complete a preliminary data summary by December 1999.
    g. Fish Hatcheries and Farms. EPA considered developing effluent 
guidelines for fish hatcheries and farms, also called aquaculture 
facilities, in 1977. A draft development document recommended issuance 
of BPT limitations, but regulations were not promulgated. 
(``Development Document for Recommended Effluent Limitations Guidelines 
and Standards of Performance for the Fish Hatcheries and Farms Point 
Source Category,'' EPA Effluent Guidelines Division, draft February 
1977.) Aquaculture operations include ponds, tanks, raceways (a series 
of tanks), netpens, and cages. These operations generate manure, which 
can adversely affect water quality with BOD, suspended and settleable 
solids, nutrients, chemical additives (including pesticides), water 
temperature changes, and pathogens such as streptococcus. Uneaten fish 
food can also generate nutrient discharges.
    Potential problems stemming from aquaculture discharges are 
described in a recent report by the Environmental Defense Fund (``Murky 
Waters: Environmental Effects of Aquaculture in the United States,'' 
Environmental Defense Fund, Washington, DC, 1997). The report provides 
an overview of the aquaculture industry and a description of water use, 
pollutants generated, and environmental impacts. Among the report's 
recommendations is a call for EPA to promulgate effluent guidelines for 
aquaculture operations.
    EPA is also aware that reports developed by the U.S. Department of 
Agriculture, the Joint Subcommittee on Aquaculture (a Federal 
interagency advisory group), and other organizations may address waste 
issues associated with aquaculture. The Agency invites submission of 
such reports and other data on aquaculture discharges.
3. Future Studies
    EPA has nearly completed its Consent Decree requirements for 
developing eleven preliminary studies. However, the Agency may develop 
additional studies from time to time, and several study topics have 
been suggested. Among the categories that EPA may study are:

<bullet> Hospitals
<bullet> Ore Mining and Dressing (including Placer Mining)
<bullet> Glass Manufacturing
<bullet> Canmaking
<bullet> Organic Chemicals, Plastics and Synthetic Fibers
<bullet> Pulp, Paper and Paperboard (topics not addressed in recent or 
ongoing rule projects)
<bullet> Wood Chip Mills
<bullet> Metal Molding and Casting (Foundries)
<bullet> Generic Effluent Guideline Issues.

    EPA invites submission of data and other comments on these 
categories and topics.

C. Other Rulemaking Actions

1. Pulp, Paper and Paperboard, Phases 2 & 3
    In the Pulp and Paper effort, EPA intends to revise existing 
limitations in 10 of the 12 subcategories in 2 phases. Phase 2 
includes: Unbleached Kraft; Semi-Chemical; Mechanical Pulp; Non-Wood 
Chemical Pulp; Secondary Fiber Deink; Secondary Fiber Non-Deink; Fine 
and Lightweight Papers from Purchased Pulp; and Tissue, Filter, Non-
Woven, and Paperboard from Purchased Pulp. Phase 3 includes: Dissolving 
Kraft and Dissolving Sulfite. Guidelines and standards for these 10 
subcategories were proposed as part of the Pulp and Paper Rule (also 
known as the ``Cluster Rule'') in December of 1993 but final action was 
deferred in the Phase I Rule promulgated April 15, 1998, based on 
public comment. The Agency intends to publish notices of data 
availability prior to taking final action on both phases.
2. Ore Mining and Dressing
    EPA had proposed to exclude a waste stream from previously-
promulgated effluent guidelines for the Copper, Lead, Zinc, Gold, 
Silver and Molybdenum Ores Subcategory of the Ore Mining and Dressing 
Category (40 CFR part 440, subpart J). The Agency published a proposed 
rule on February 12, 1996 (61 FR 5364). Dewatered tailings generated by 
the Alaska-Juneau (A-J) gold mine

[[Page 29211]]

project near Juneau, Alaska would have been affected by this proposal.
    On January 14, 1997, Echo Bay Mines announced that it would 
terminate its development plans for the A-J mine project. EPA has 
concluded, in light of the closure of the A-J mine project and the lack 
of information about other mine sites exhibiting similarly extreme 
environmental conditions, that it is unnecessary to continue this 
rulemaking. The Agency published a document withdrawing the proposal on 
January 16, 1998 (63 FR 2646).

VI. Request for Comments

    EPA invites public comment on its plans for development of effluent 
guidelines and preliminary studies. Comments will be accepted until 
July 27, 1998. In particular, the Agency is interested in data that 
would facilitate comparisons of discharger categories with regard to 
wastestream characteristics, treatment practices and effects on water 
quality. In addition to the categories discussed or listed in today's 
notice, EPA will consider information on other categories in developing 
Effluent Guidelines Plans.

VII. Economic Impact Assessment; Executive Order 12866

    Today's document proposes a plan for the review and revision of 
existing effluent guidelines and for the selection of priority 
industries for new regulations. This document is not a ``rule'' subject 
to 5 U.S.C. 553 and does not establish any requirements; therefore, no 
economic impact assessment has been prepared. 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: May 21, 1998.
Robert Perciasepe,
Assistant Administrator for Water.

Appendix A--Promulgated Effluent Guidelines

    ``Promulgation'' refers to the date of promulgation of BAT 
controls unless otherwise noted. Minor amendments or corrections are 
not shown.

------------------------------------------------------------------------
                                                           Revised rule 
                                                         (P: Proposal F:
          Category             40 CFR    Promulgation     Final Action) 
                                part                         or Study   
                                                          Completion (S)
------------------------------------------------------------------------
Aluminum Forming............      467  10/83                            
Asbestos Manufacturing......      427  2/74                             
Battery Manufacturing.......      461  3/84                             
Builder's Paper and Board         431  12/86 (BCT)                      
 Mills \1\.                                                             
Carbon Black Manufacturing..      458  1/78                             
Cement Manufacturing........      411  8/79 (BCT)                       
Coal Mining.................      434  10/82             P 12/99; F 12/ 
                                                          01.           
Coil Coating................      465  12/82                            
    Canmaking Subcategory...  .......  11/83                            
Copper Forming..............      468  8/83                             
Dairy Products Processing...      405  6/86 (BCT)                       
Electroplating..............      413  1/81 (PSES)       P 10/00; F 12/ 
                                                          02\2\.        
Electrical and Electronic         469  4/83                             
 Components.                                                            
Explosives Manufacturing....      457  3/76                             
Feedlots....................      412  2/74              S 1998.        
                                                         P 12/99; F 12/ 
                                                          01 (Swine &   
                                                          Poultry).     
                                                         P 12/00; F 12/ 
                                                          02 (Dairy &   
                                                          Beef          
                                                         Cattle).       
Ferroalloy Manufacturing....      424  7/86 (BCT)                       
Fertilizer Manufacturing....      418  8/79 (BCT)                       
Fruits and Vegetables             407  7/86 (BCT)                       
 Processing.                                                            
Glass Manufacturing.........      426  7/86 (BCT)                       
Grain Mills.................      406  7/86 (BCT)                       
Gum and Wood Chemicals......      454  5/76 (BPT)                       
Hospitals...................      460  5/76 (BPT)        S 1989.        
Ink Formulating.............      447  7/75                             
Inorganic Chemicals.........      415  6/82              S 1994.        
Iron and Steel Manufacturing      420  5/82              S 1995; P 12/98
                                                          \3\; F 12/00  
                                                          \3\.          
Leather Tanning and               425  11/82                            
 Finishing.                                                             
Meat Products...............      432  7/76 (BCT)                       
Metal Finishing.............      433  7/83              S 1994; P 10/  
                                                          00; F 12/02   
                                                          \2\.          
Metal Molding and Casting         464  10/85                            
 (Foundries).                                                           
Mineral Mining and                436  7/77 (BPT)                       
 Processing.                                                            
Nonferrous Metals Forming...      471  8/85                             
Nonferrous Metals                 421  6/84                             
 Manufacturing.                                                         
Oil and Gas Extraction......      435                    P 12/98; F 12/ 
                                                          00 (Synthetic-
                                                          Based Fluids).

[[Page 29212]]

                                                                        
    Offshore Subcategory....  .......  3/93                             
    Coastal Subcategory.....  .......  12/96                            
    Other Subcategories.....  .......  11/79 (BPT)                      
Ore Mining and Dressing.....      440  12/82                            
    Gold Placer Mining        .......  5/88                             
     Subcategory.                                                       
Organic Chemicals, Plastics       414  11/87                            
 and Synthetic Fibers.                                                  
Paint Formulating...........      446  7/75              S 1989.        
Paving and Roofing Materials      443  7/75                             
Pesticide Chemicals.........      455                                   
    Manufacturing...........  .......  9/93                             
    Formulating, Packaging,   .......  11/96                            
     Repackaging.                                                       
Petroleum Refining..........      419  10/82             S 1993.        
Pharmaceutical Manufacturing      439  10/83             P 5/2/95; F 7/ 
                                                          98.           
Phosphate Manufacturing.....      422  6/76                             
Photographic Processing.....      459  7/76 (BPT)        S 1996.        
Plastics Molding and Forming      463  12/84                            
Porcelain Enameling.........      466  11/82                            
Pulp, Paper and Paperboard..      430                                   
    Subparts B & E (Phase 1   .......  4/98                             
     rule).                                                             
    Other subparts..........  .......  12/86 (BCT)       P 12/93; F 2000-
                                                          2002 (Phase 2 
                                                          & 3 rules).   
Rubber Manufacturing........      428  2/74                             
Seafood Processing..........      408  7/86 (BCT)                       
Soap and Detergent                417  4/74                             
 Manufacturing.                                                         
Steam Electric Power              423  11/82             S 1995.        
 Generating.                                                            
Sugar Processing............      409  7/86 (BCT)                       
Textile Mills...............      410  9/82              S 1994.        
Timber Products Processing..      429  1/81                             
------------------------------------------------------------------------
\1\ EPA proposed merging part 431 with part 430 in the proposed Pulp,   
  Paper and Paperboard rule on 12/17/93. Part 431 will be deleted.      
\2\ The Electroplating and Metal Finishing categories will be modified  
  by the new Metal Products and Machinery rule. See Appendix B for      
  rulemaking dates.                                                     
\3\ EPA is discussing extensions to Consent Decree dates with NRDC.     

Appendix B--Current and Future Rulemaking Projects

------------------------------------------------------------------------
           Category                    Proposed              Final      
------------------------------------------------------------------------
Pulp, Paper and Paperboard,     12/17/93 \1\           2000-2002 \1\    
 Phases 2 & 3.                                                          
                                (58 FR 66078)                           
Centralized Waste Treatment...  1/27/95                8/99             
                                (60 FR 5464)                            
Pharmaceutical Manufacturing..  5/2/95                 7/98             
                                (60 FR 21592)                           
Metal Products and Machinery..  5/30/95 \2\            .................
                                (60 FR 28209)                           
                                (Phase 1 only)                          
                                10/00                  12/02            
Industrial Laundries..........  12/17/97               6/99             
                                (62 FR 66182)                           
Landfills.....................  2/6/98                 11/99            
                                (63 FR 6425)                            
Industrial Waste Combustors     2/6/98                 11/99            
 (Incinerators).                                                        
                                (63 FR 6391)                            
Transportation Equipment        5/15/98                6/15/00          
 Cleaning.                                                              
Oil and Gas Extraction........  12/98                  12/00            
Iron and Steel Manufacturing..  12/98 \3\              12/00 \3\        
Coal Mining...................  12/99                  12/01            
Feedlots (Poultry & Swine       12/99                  12/01            
 subcategories).                                                        
------------------------------------------------------------------------
\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.     

Appendix C--Preliminary Studies

------------------------------------------------------------------------
                          Category                             Complete 
------------------------------------------------------------------------
Petroleum Refining.........................................         1993
Metal Finishing............................................         1993
Textile Mills..............................................         1994
Inorganic Chemicals........................................         1994
Steam Electric Power Generating............................         1995
Iron and Steel Manufacturing...............................         1995

[[Page 29213]]

                                                                        
Photographic Processing....................................         1996
Chemical Formulators and Packagers.........................         1996
Feedlots...................................................         1998
Urban Storm Water..........................................         1998
Airport Deicing............................................         1999
------------------------------------------------------------------------

[FR Doc. 98-14156 Filed 5-27-98; 8:45 am]
BILLING CODE 6560-50-P