Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Notices 48159 

to register and receive pertinent 

information, present an oral statement 

or submit a written statement for the 

October 9 and 10 meeting should 

contact Roy Simon, by September 6; by 

email at Simon.Roy@epa.gov; by phone 

at 202–564–3868; or by regular mail at 

U.S. Environmental Protection Agency, 

Office of Ground Water and Drinking 

Water (MC 4601M), 1200 Pennsylvania 

Avenue NW., Washington, DC, 20460. 

Further details about participating in 

the meeting can be found in the 

SUPPLEMENTARY INFORMATION section. 

SUPPLEMENTARY INFORMATION: 

Details about Participating in the 

Meeting: If you wish to attend the 

meeting, you should provide your email 

address when you register. The EPA 

will provide updated information on the 

October meeting to registered 

individuals and organizations in 

September 2013. The Council will 

allocate one hour for the public’s input 

(1:00 p.m.–2:00 p.m., Eastern Time) at 

the meeting on Thursday, October 10, 

2013. Oral statements will be limited to 

five minutes at the meeting. It is 

preferred that only one person present 

the statement on behalf of a group or 

organization. To ensure adequate time 

for public involvement, individuals or 

organizations interested in presenting 

an oral statement should notify Roy 

Simon no later than September 13, 

2013. Any person who wishes to file a 

written statement can do so before or 

after the Council meeting. Written 

statements intended for the meeting 

must be received by September 27, 

2013, to be distributed to all members 

of the Council before any final 

discussion or vote is completed. Any 

statements received on or after the date 

specified will become part of the 

permanent file for the meeting and will 

be forwarded to the Council members 

for their information. 

National Drinking Water Advisory 

Council: The Council was created by 

Congress on December 16, 1974, as part 

of the SDWA of 1974, Public Law 93– 

523, 42 U.S.C. 300j–5, and is operated 

in accordance with the provisions of the 

Federal Advisory Committee Act 

(FACA), 5 U.S.C. App.2. The Council 

was established under the SDWA to 

provide practical and independent 

advice, consultation and 

recommendations to the EPA 

Administrator on the activities, 

functions, policies, and regulations 

required by the SDWA. 

Special Accommodations: For 

information on access or services for 

individuals with disabilities, please 

contact Roy Simon at 202–564–3868 or 

by email at Simon.Roy@epa.gov. To 

request accommodation of a disability, 

please contact Roy Simon at least 10 

days prior to the meeting to give EPA as 

much time as possible to process your 

request. 

Dated: July 30, 2013. 

Eric M. Bissonette, 

Acting Director, Office of Ground Water and 

Drinking Water. 

[FR Doc. 2013–19080 Filed 8–6–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2010–0824; FRL—9678–5] 

RIN 2040–ZA18 

Preliminary 2012 Effluent Guidelines 

Program Plan and 2011 Annual 

Effluent Guidelines Review Report 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability. 

SUMMARY: This notice announces the 

availability of the Preliminary 2012 

Effluent Guidelines Program Plan 

(‘‘Preliminary 2012 Plan’’) and EPA’s 

2011 Annual Effluent Guidelines 

Review Report, and solicits public 

comment on both. Clean Water Act 

(CWA) section 304(m), 33 U.S.C. 

1314(m), requires EPA to biennially 

publish a plan for new and revised 

effluent guidelines, after public notice 

and comment, which identifies any new 

or existing industrial categories selected 

for effluent guidelines rulemaking and 

provides a schedule for such 

rulemaking. EPA works to publish a 

preliminary plan in the odd numbered 

years and a final plan in the even 

numbered years. The findings from the 

2011 Annual Reviews were used in 

developing the Preliminary 2012 Plan 

and will be used in developing the Final 

2012 Plan. 

DATES: Submit comments on or before 

October 7, 2013. 

ADDRESSES: Submit your comments on 

the 2011 Annual Reviews and 

Preliminary 2012 Plan identified by 

Docket ID No. EPA–HQ–OW–2010– 

0824, by one of the following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• Email: ow-docket@epa.gov, 

Attention Docket ID No. EPA–HQ–OW– 

2010–0824. 

• Fax: (202) 566–9744 

• Mail: Water Docket, Environmental 

Protection Agency, Mailcode: 2822T, 

Attention Docket ID No. EPA–HQ–OW– 

2010–0824, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

EPA West, Room 3334, 1301 

Constitution Avenue NW., Washington, 

DC, Attention Docket ID No. EPA–HQ– 

OW–2010–0824. Such deliveries are 

accepted only during the Docket 

Center’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments on 

the 2011 Annual Reviews and 

Preliminary 2012 Plan to Docket ID No. 

EPA–HQ–OW–2010–0824. EPA’s policy 

is that all comments received will be 

included in the public docket without 

change and could be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

www.regulations.gov or email. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means that EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment because of 

technical difficulties and cannot contact 

you for clarification, EPA might not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Submitting Confidential Business 

Information 

Do not submit confidential business 

information (CBI) to EPA through 

www.regulations.gov or email. Any CBI 

you wish to submit should be sent via 

a trackable physical method, such as 

Federal Express or United Parcel 

Service, to Mr. M. Ahmar Siddiqui, 

Document Control Officer, Engineering 

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48160 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Notices 

and Analysis Division (4303T), Room 

6231S EPA West, U.S. EPA, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460. A CBI package should be 

double-wrapped, so that the CBI is in 

one package, which is itself inside 

another package. Clearly mark the part 

or all of the information that you claim 

to be CBI. For CBI information on a disk 

or CD ROM that you mail to EPA, mark 

the outside of the disk or CD ROM as 

CBI and then identify electronically 

within the disk or CD ROM the specific 

information that is claimed as CBI. In 

addition to one complete copy of the 

material that includes information 

claimed as CBI, a copy of the material 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information marked as CBI will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR Part 2. 

Docket: All documents in the docket 

are listed in the index at 

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically at www.regulations.gov or 

in hard copy at the Water Docket in the 

EPA Docket Center, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Water Docket is (202) 

566–2426. 

FOR FURTHER INFORMATION CONTACT: Mr. 

William F. Swietlik, Engineering and 

Analysis Division, Office of Water, 

4303T, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC., 20460; 

telephone number: (202) 566–1129; fax 

number: (202) 566–1053; email address: 

swietlik.william@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Supporting Documents 

Key documents providing additional 

information about EPA’s 2011 Annual 

Reviews and the Preliminary 2012 Plan 

include the 2011 Annual Effluent 

Guidelines Review Report and the 

Preliminary 2012 Effluent Guidelines 

Program Plan. 

B. How can I get copies of these 

documents and other related 

information? 

1. Docket. EPA has established official 

public dockets for these actions under 

Docket ID No. EPA–HQ–OW–2010– 

0824. The official public docket is the 

collection of materials that is available 

for public viewing at the Water Docket 

in the EPA Docket Center, (EPA/DC) 

EPA West, Room 3334, 

1301Constitution Ave. NW., 

Washington, DC 20460. 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the United States 

government online source for Federal 

regulations at http:// 

www.regulations.gov. 

3. Internet access. Copies of the 

supporting documents are available at 

http://water.epa.gov/lawsregs/ 

lawsguidance/cwa/304m/index.cfm. 

C. What should I consider as I prepare 

my comments for EPA? 

Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency 

might ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. How is this document organized? 

The outline of this notice follows. 

A. Legal Authority. 

B. Summary Findings of the 2011 Annual 

Reviews. 

C. Summary of the Preliminary 2012 Effluent 

Guidelines Program Plan. 

D. Public Comments. 

E. Summary of the Planned Process for 2012 

Annual Reviews. 

F. Requests for Comment and Information. 

A. Legal Authority 

This notice is published under the 

authority of the CWA, 33 U.S.C. 1251, 

et seq., and in particular sections 301(d), 

304(b), 304(g), 304(m), 306, 307(b), 308, 

33 U.S.C. 1311(d), 1314(b), 1314(g), 

1314(m), 1316, 1317(b), and 1318. 

B. Summary Findings of the 2011 

Annual Reviews 

After completing the 2011 Annual 

Reviews, EPA has determined that 

discharges from 17 of the top 20 

industrial categories were not a hazard 

priority. However, EPA determined that 

additional information and analysis is 

necessary before concluding the review 

of the three remaining point source 

categories: Pulp, Paper and Paperboard 

(40 CFR Part 430), Petroleum Refining 

(40 CFR Part 419), and Meat and Poultry 

Products (40 CFR Part 432). Therefore, 

EPA continued to review these 

categories’ discharges during the 2012 

Annual Reviews and will report its 

finding in the Final 2012 Plan. 

C. Summary of the Preliminary 2012 

Effluent Guidelines Program Plan 

EPA is not identifying any industry 

category for new or revised effluent 

guidelines in the Preliminary 2012 Plan. 

In addition, for previously initiated 

rulemakings, EPA is proposing to delist 

from the effluent guidelines plan the 

rulemaking for the Coalbed Methane 

Extraction subcategory based on new 

information regarding the declining 

prevalence and economic viability of 

this industry, due in large part to the 

increased extraction of natural gas from 

other sources, such as shale formations. 

See the supporting documents available 

at http://water.epa.gov/lawsregs/ 

lawsguidance/cwa/304m/index.cfm for 

further explanation. EPA is also 

proposing to delist the Chlorine and 

Chlorinated Hydrocarbon (CCH) 

manufacturing industry from the Plan 

and discontinue its rulemaking. 

Based on a preliminary study that has 

been completed, EPA has concluded 

that an effluent guideline revision is not 

necessary for Regenerated Cellulose 

Manufacturers (previously categorized 

as Plastics Molding and Forming (40 

CFR Part 463)). 

D. Public Comments 

EPA also considered public comments 

and information submitted by 

stakeholders in response to a 

solicitation for comments on the Final 

2010 Effluent Limitations Guidelines 

(ELG) Program Plan (Final 2010 Plan), 

published in the Federal Register on 

October 26, 2011 (76 FR 66286). 

A total of 31 organizations provided 

comment on the Final 2010 Plan. Most 

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Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Notices 48161 

of the public comment and input 

submitted focused on expressing 

opposition or support for the announced 

ELGs for Shale Gas Extraction, Coalbed 

Methane Extraction and Dental 

Amalgam. A few comments provided a 

small amount of information and ideas 

on the 304(m) planning process in 

general; nanomaterial discharges; the 

disposal of unused pharmaceuticals; 

and on the ore mining and dressing 

study report. 

E. Summary of the Process for 2012 

Annual Reviews 

EPA conducted four new targeted 

review methodologies to better identify 

new industries or industry processes at 

existing industries that may need new 

or revised effluent guidelines and 

standards for the 2012 reviews. These 

methodologies included: 

• Identifying pass-through pollutants 

in sewage sludge using the 2009 

Targeted National Sewage Sludge 

Survey (TNSSS). 

• Identifying new pollutants and 

industry discharges using data and 

information from EPA’s toxic substances 

control programs. 

• Identifying new waste streams 

generated from new air pollution 

controls associated with Clean Air Act 

rulemakings. 

• Identifying new industries through 

potential TRI expansion sectors. 

These new targeted review 

methodologies are further described in 

the Preliminary 2012 Plan available for 

review at: http://water.epa.gov/ 

lawsregs/lawsguidance/cwa/304m/ 

index.cfm. 

EPA has modified its annual review 

process to conduct a toxicity ranking 

analysis for industry only during the 

odd numbered years and additional 

targeted reviews of industry during the 

even numbered years. 

F. Request for Comment and 

Information 

EPA requests comments and 

information on the Preliminary 2012 

Effluent Guidelines Program Plan and 

on the 2011 Annual Effluent Guidelines 

Review Report in the following areas. 

1. Data Sources and Methodologies 

EPA solicits comments on whether it 

used the correct evaluation factors, 

criteria, and data sources in conducting 

its 2011 annual review and developing 

this Plan. EPA also solicits comment on 

other data sources EPA can use in its 

annual reviews and biennial planning 

process. 

2. Methodologies for the 2012 Annual 

Reviews 

EPA solicits comments on its methods 

for the 2012 Annual Reviews and for 

subsequent even numbered year 

reviews. EPA used targeted industrial 

review methods during 2012, as 

described above. Specifically, EPA 

solicits comment on data and other 

sources of available information or 

approaches that EPA could consider for 

the annual reviews in subsequent even 

years, or comments regarding the 

targeted approaches described above 

and in the Preliminary 20122 Plan. 

3. The Preliminary 2012 Effluent 

Guidelines Program Plan 

EPA solicits comments on its 

Preliminary 2012 Plan, including the 

data and information used to support 

the findings and conclusions stated in 

the Preliminary 2012 Plan. EPA also 

solicits comments on the proposed 

decisions to not identify any industry 

categories for the development of new 

or revised effluent guidelines and to 

delist the Coalbed Methane Extraction 

subcategory and Chlorine and 

Chlorinated Hydrocarbon 

Manufacturing from the effluent 

guidelines plan. 

4. Implementation Issues Related to 

Existing Effluent Guidelines and 

Pretreatment Standards 

As a factor in its decision-making, 

EPA considers opportunities to 

eliminate inefficiencies or impediments 

to pollution prevention or technological 

innovation, or opportunities to promote 

innovative approaches such as water 

quality trading, including within-plant 

trading. Consequently, EPA solicits 

comments on implementation issues 

related to existing effluent guidelines 

and pretreatment standards. 

5. Innovation and Technology in the 

Effluent Guidelines Program 

EPA is requesting public comment 

and ideas on the subject of technology 

innovation. EPA seeks public input and 

comment on the following questions 

and related themes: 

—Are there new, innovative pollution 

control or pollution prevention 

technologies that can be used by any 

of the existing 57 categories of 

industry with effluent limitations 

guidelines? 

—Are there innovative manufacturing 

approaches that can be used by 

industries to reduce or prevent their 

wastewater discharges? 

—How can EPA’s effluent limitations 

guidelines program enhance 

technology transfer to catalyze and 

harness innovation to solve industrial 

wastewater problems, both now and 

in the future? 

—How can EPA better foster 

consideration of innovative 

technologies through the effluent 

guidelines planning process? 

Nancy K. Stoner, 

Acting Assistant Administrator for Water. 

[FR Doc. 2013–19074 Filed 8–6–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9844–5] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed consent 

decree; request for public comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(CAA or the Act), notice is hereby given 

of a proposed consent decree to address 

a lawsuit filed by Sierra Club (Plaintiff) 

in the United States District Court for 

the District of Columbia: Sierra Club v. 

Jackson, No.1:12–cv–01237–ESH 

(D.D.C.). On or about July 26, 2012, the 

plaintiff filed a complaint alleging that 

EPA had failed to take action on certain 

State Implementation Plan (SIP) 

submittals by the states of New Jersey 

and Michigan. Specifically, the 

complaint alleged that EPA had failed to 

make a finding that the state of New 

Jersey did not submit SIP revisions 

addressing the nonattainment New 

Source Review requirements for the 

1997 fine particulate matter National 

Ambient Air Quality Standard (1997 

PM2.5 NAAQS) in the State of New 

Jersey portion of the PhiladelphiaWilmington nonattainment area. The 

complaint further alleged that EPA had 

failed to take final action on the 

attainment demonstration, contingency 

measures, emission inventory and 

Reasonably Available Control Measures 

or Reasonably Available Control 

Technology (RACM/RACT), 

requirements for the 1997 PM2.5 NAAQS 

in both the State of Michigan’s SIP 

submittal for the Detroit-Ann Arbor 

nonattainment area and the New Jersey 

SIP submittal for the State of New Jersey 

portion of the Philadelphia-Wilmington 

nonattainment area. The complaint also 

alleged that EPA failed to publish a 

notice of determination in the Federal 

Register regarding whether the DetroitAnn Arbor area had attained the 1997 

PM2.5 NAAQS by the applicable 

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