35042 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

ENVIRONMENTAL PROTECTION

AGENCY

[FRL 5527–5]

RIN 2040–AC86

Effluent Guidelines Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Proposed Effluent

Guidelines Plan.

SUMMARY: Today’s notice 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. 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 August 2, 1996.

ADDRESSES: Submit comments in

writing to: Water Docket Clerk (4101),

U.S. Environmental Protection Agency,

401 M Street, SW., Washington, DC

20460. The public record for this notice

is available for review in the EPA Water

Docket, Room 2616 Mall, 401 M Street,

SW., Washington, DC. 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 Notice

B. Overview of Today’s Notice

IV. Effluent Guidelines Program Background

A. Statutory Framework

B. Components of an Effluent Guideline

Regulation

C. Development of Effluent Guideline

Regulations

D. NRDC Litigation and Consent Decree

V. Today’s Proposed Effluent Guidelines Plan

A. Effluent Guidelines Currently Under

Development

1. Schedule for Ongoing Rulemaking

2. Changes in Rulemaking Scope,

Schedules and/or Organization

a. Metal Products and Machinery

b. Pulp, Paper and Paperboard

c. Pharmaceutical Manufacturing

d. Transportation Equipment Cleaning

B. Process for Selection of New Effluent

Guideline Regulations

1. Selection Criteria and Data Sources

a. Selection Criteria

b. Data Sources

2. New Rulemaking Activities

a. Iron and Steel Manufacturing

b. Other Rules

C. Preliminary Studies

1. Recently Completed Studies

a. Petroleum Refining

b. Metal Finishing

c. Textile Mills

d. Inorganic Chemicals

e. Steam Electric Power Generating

f. Iron and Steel Manufacturing

2. Ongoing Studies

a. Photographic Processing

b. Chemical Formulators and Packagers

3. Future Studies

a. Coal Mining

b. Feedlots

c. Stormwater Discharges

d. Hospitals

e. Ore Mining and Dressing

f. Glass Manufacturing

g. Canmaking

h. Organic Chemicals, Plastics and

Synthetic Fibers

i. Pulp, Paper and Paperboard

j. Generic Effluent Guideline Issues

D. Other Rulemaking Actions

1. Leather Tanning and Finishing

2. Ore Mining and Dressing

3. Marine Discharges from Vessels of the

Armed Forces

VI. Recommendations of the Effluent

Guidelines Task Force

A. Data Sources

B. Criteria for Selecting Industries for

Preliminary Studies

C. Design of Preliminary Studies

VII. Request for Comments

VIII. 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.

Category of entity Examples of potentially affected entities

Industry ................................. Pulp, Paper and Paperboard; Pesticide Formulating, Packaging and Repackaging; Coastal Oil and Gas Extraction; Centralized Waste Treatment; Pharmaceutical Manufacturing; Metal Products and Machinery; Landfills

and Incinerators; Industrial Laundries; Transportation Equipment Cleaning; Iron and Steel Manufacturing; Coal

Mining; Feedlots; Hospitals; Ore Mining and Dressing; Glass Manufacturing; Canmaking

To determine whether your facility

would be regulated, you should

carefully examine the applicability

criteria in the appropriate proposed rule

(previously published or forthcoming).

Citations for previously published

proposed rules and schedules for

forthcoming proposed rules are

provided in Appendix B of today’s

notice.

II. Legal Authority

Today’s notice is published under the

authority of section 304(m) of the Clean

Water Act, 33 U.S.C. 1314(m), which

requires EPA to publish a biennial

Effluent Guidelines Plan, schedule

review and revision of existing

regulations and identify categories of

dischargers to be covered by new

regulations.

III. Introduction

A. Purpose of Today’s Notice

Today’s notice announces the

Agency’s proposed biennial plan

pursuant to sec. 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 Notice

The Agency proposes to develop

effluent limitation guidelines and

standards (‘‘effluent guidelines’’) as

follows:

1. Continue development of 10 rules

listed in the 1994 Effluent Guidelines

Plan (59 FR 44234, August 26, 1994).

The categories are: Pulp, Paper and

Paperboard; Pesticide Chemicals

(Formulating, Packaging and

Repackaging); Coastal Oil and Gas

Extraction; Centralized Waste

Treatment; Pharmaceutical

Manufacturing; Metal Products and

Machinery, Phases 1 and 2; Landfills

and Incinerators; Industrial Laundries;

and Transportation Equipment

Cleaning.

2. Begin development of revised

effluent guidelines for the Iron and Steel

Manufacturing category.

3. Initiate three preliminary studies to

assist in determining whether new or

revised rules should be developed for

particular categories. Each preliminary
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35043

study will generally take approximately

two years to complete.

4. Complete preliminary studies on

the Photographic Processing and

Chemical Formulating and Packaging

industries.

5. Plan for development of seven

additional effluent guidelines, either

new or revised. The point source

categories to be covered by these

guidelines will be identified in future

biennial Effluent Guidelines Plans.

EPA’s current plan is to begin

development of one additional rule in

1996 and two rules each year from 1997

to 1999, with proposed rules published

between 1998 and 2001, and final action

taken between 2000 and 2003

respectively.

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, sec. 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

sec. 304(a)(4), sec. 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 sec.

307(a), and for nonconventional

pollutants, secs. 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 sec. 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, or more stringent than BAT

limitations for existing sources within

the industry 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 sec. 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 sec. 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

an industry, sec. 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 nondomestic 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 effluent

guideline regulations are numerical

wastewater discharge limitations

controlling specified pollutants for a

given industry. These are typically

concentration-based limits (specified in

units such as milligrams of pollutant per

liter of water) or production-based mass

limits (specified in units such as

milligrams of pollutant per unit of

production). Numerical limits also cover

parameters such as pH and temperature.
35044 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

A guideline often subcategorizes an

industry 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.

C. 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.

EPA begins work on an effluent

guideline rulemaking project by

tentatively defining the scope and

dimensions of the industry 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

industry are consulted, and business

associations and citizen groups are also

invited to share information.

Regulatory information about industry

categories is obtained by EPA largely

through its 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 significant

portion of the Agency’s questionnaires

typically seek information necessary to

assess the economic achievability of a

prospective regulation.

Generally, the Agency defines its site

visits and wastewater sampling effort

based on information received in

response to the questionnaires. While

the questionnaire provides information

about production processes, water uses

and, in general terms, what is found in

the industry’s wastewater, on-site

sampling and detailed monitoring data

are used 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 (i.e., air emissions,

sludge generation, energy usage).

In developing a list of pollutants of

concern for an industry, EPA initially

will study wastewater samples for all

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

sec. 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 industry parties. 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

industry discharges, and may conduct a

regulatory impact 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

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.

The Agency’s outreach efforts to

improve the regulatory development

process have involved some industries

subject to effluent guidelines. One such

special effort is the Common Sense

Initiative (CSI), a committee established

under the Federal Advisory Committee

Act (FACA)(Pub.L. 92–463). Through

CSI, EPA has brought together federal,

state, and local government

representatives, environmental interest

and environmental justice leaders, labor

representatives, and industry executives

to examine the full range of

environmental requirements affecting

six pilot industries. These six teams are

exploring comprehensive strategies for

environmental protection which include

regulatory and voluntary approaches on

which all can agree. Two of the six

teams, Metal Finishing and Iron and

Steel, are discussing effluent guidelines

issues as well as other regulations. EPA

looks forward to receiving

recommendations from these CSI teams.

D. 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
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35045

taking final action on effluent

guidelines, and also for conducting

preliminary studies. Some of the

industry 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, an advisory committee, to

formulate recommendations for

improvements to the effluent guidelines

program. The Agency created the Task

Force in 1992. The Task Force has held

several public meetings and has begun

to present recommendations to the EPA

Administrator. The work of the Task

Force is discussed further in Section V

of today’s notice.

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 10 categories.

(These categories were listed in the

Agency’s 1994 Effluent Guidelines

Plan.) 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

Category

Proposal Final action

Consent decree or actualConsent decree

Pulp, Paper and Paperboard ................................................................................................................................... 12/17/93 (1)

Pesticide Formulating, Packaging, and Repackaging ............................................................................................. 4/14/94 9/96

Centralized Waste Treatment .................................................................................................................................. 1/27/95 2 9/96

Coastal Oil and Gas Extraction ............................................................................................................................... 2/17/95 10/96

Pharmaceutical Manufacturing ................................................................................................................................. 5/2/95 2 8/96

Metal Products and Machinery, Phase .................................................................................................................... 15/30/95 2,3 9/96

Industrial Laundries .................................................................................................................................................. 2 12/96 2 12/98

Transportation Equipment Cleaning ........................................................................................................................ 2 12/96 2 12/98

Landfills and Incinerators ......................................................................................................................................... 2 3/97 2 3/99

Metal Products and Machinery, Phase 2 ................................................................................................................. 3 12/97 2,3 12/99

1The Pulp, Paper and Paperboard rulemaking is not covered by the January 31, 1992 consent decree.

2EPA is discussing extensions to Consent Decree dates with NRDC.

3EPA is considering merging Phases 1 and 2 of the Metal Products and Machinery rule. See discussion below.

The Agency has only recently

received funding for Fiscal Year 1996,

and funding restrictions may affect

rulemaking schedules. EPA is

discussing extensions to all the Consent

Decree dates with NRDC, for both

budgetary reasons and specific policy,

technical and administrative issues in

some regulations.

2. Changes in Rulemaking Scope,

Schedules and/or Organization

a. Metal Products and Machinery.

EPA is considering merging Phases 1

and 2 of the Metal Products and

Machinery rule. The Phase 1 proposed

rule, covering seven industry sectors,

was published on May 30, 1995 (60 FR

28209). Such a merger would mean that

EPA would not proceed with a final rule

for Phase 1, but would issue a new

proposal covering both phases (15

sectors total) and promulgate a final rule

covering both phases.

There are several reasons why a single

final rule for this category would be

desirable:

• The same basis and applied metals

as well as the same manufacturing and

wastewater treatment unit operations

typically are used throughout both

phases of the MP&M category. The

classification of a facility as MP&M

Phase 1 or Phase 2 should not affect its

ability to treat its wastewater to a given

level.

• The complexities of having

different effluent limits across the two

phases (for the same pollutant and level

of control) would be avoided. Having

one set of effluent limits for the MP&M

category greatly simplifies

implementation for POTWs and

compliance for facilities.

• Merging these rules would allow

EPA to use POTW survey data being

collected for Phase 2 to develop more

precise estimates of the administrative

burden for all sectors, and to consider

aggregated environmental impacts and

compliance costs.

• Opportunities to explore alternative

permitting requirements such as BMPs

would be enhanced.

• The additional time needed for a

combined rule would allow more

extensive stakeholder involvement. For

example, members of the Metal

Finishing CSI team have expressed

interest in working with EPA on

obtaining additional data, and POTWs

and NPDES permit authorities will be

able to provide more substantive data on

implementation issues.

EPA invites comment on the merits of

combining the two phases into one rule.

b. Pulp, Paper and Paperboard. EPA

issued the proposed Pulp, Paper and

Paperboard ‘‘Cluster Rules’’, covering

both effluent guidelines and National

Emission Standards for Hazardous Air

Pollutants (NESHAP), on December 17,

1993 (40 CFR part 430, 58 FR 66078).

The proposed effluent guidelines were

organized into 12 subcategories.

EPA plans to promulgate final effluent

guidelines for two subcategories later

this year: Bleached Papergrade Kraft and

Soda (proposed Subpart B), and

Papergrade Sulfite (proposed Subpart

E). At least eight of the remaining

subcategories will be addressed in a

final rule expected in 1997: Unbleached

Kraft; Semi-Chemical; Mechanical Pulp;

Non-Wood Chemical Pulp; Secondary

Fiber Deink; Secondary Fiber NonDeink; Fine and Lightweight Papers

from Purchased Pulp; Tissue, Filter,

Non-Woven, and Paperboard from

Purchased Pulp (proposed Subparts C,

F, G, H, I, J, K and L, respectively). Two

remaining subcategories, Dissolving

Kraft (proposed Subpart A) and
35046 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

Dissolving Sulfite (proposed Subpart D),

will be addressed in a subsequent rule.

c. Pharmaceutical Manufacturing.

EPA published a proposed rule for the

Pharmaceutical Manufacturing Category

on May 2, 1995 (60 FR 21592). In that

notice, the Agency stated that it is

required by the Clean Air Act

Amendments of 1990 (CAAA) to

promulgate NESHAP regulations by

1997; no NESHAP regulations were

proposed along with the water

regulations.

In developing the proposed effluent

guidelines and standards, EPA

coordinated its efforts to make sure that

the rule would be consistent, within the

constraints of the governing statutes,

with the forthcoming air emissions

standards. The Agency’s analysis of

industry wastewater showed a

substantial portion consists of volatile

organic compounds which pose a risk to

human health through increased

exposure to carcinogens and increased

exposure to systemic toxicants from

atmospheric exposure.

The Agency intends to propose the

NESHAP in November 1996, and

promulgate the standards in November

1997. The current Consent Decree for

effluent guidelines requires

promulgation for the pharmaceutical

industry by August 1996. While EPA’s

original intent was to issue separate air

and water rules utilizing a common

technology basis, the Agency is

considering the merits of jointly

promulgating the air and water

regulations by the 1997 CAAA deadline.

The Agency believes that a single

promulgation of industry standards will

be beneficial in terms of consistency

and clarity, and will result in more

integrated multi media regulatory

controls. EPA also believes that these

benefits would outweigh benefits that

might be obtained from a slightly earlier

promulgation of the effluent guidelines

alone.

EPA invites public comment on the

merits of simultaneous promulgation of

air and water standards for this

industry.

d. Transportation Equipment

Cleaning. EPA began development of

effluent guidelines for the

Transportation Equipment Cleaning

industry assuming that the scope would

include effluent generated from the

interior cleaning of tank trucks, rail tank

cars, and tank barges, and the exterior

cleaning and de-icing of aircraft.

However, as a result of data collection

and analysis, the Agency has decided to

limit the scope of the rule to effluent

generated from tank and container

interior cleaning.

Last year EPA decided to exclude

aircraft exterior cleaning and de-icing

from the current effluent guidelines

development effort because of other

Agency requirements recently

promulgated under the stormwater

program (60 FR 51215, September 29,

1995). New stormwater permits

applicable to airports require

implementation of pollution prevention

plans to control stormwater discharges.

EPA anticipates that the stormwater

permit program will reduce, and may

eliminate the need for a specific effluent

guideline covering these discharges.

The Agency will track the

effectiveness of stormwater pollution

prevention efforts to control deicing

discharges and other airport stormwater

runoff and decide later if an effluent

guideline is necessary for aircraft

exterior cleaning and de-icing.

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. Therefore EPA

intends to continue to use selection

criteria such as those listed in the 1990

plan.

1. Selection Criteria and Data Sources

a. Selection Criteria. EPA considers

three kinds of criteria for selection of

categories: environmental factors, utility

to states and POTWs, and economic

impacts. The environmental factors

allow the Agency to compare the

discharges of various categories to

approximate risk to human health and

the environment. The specific factors

used have included:

• Total priority pollutants discharged

(lbs/day).

• Total pollutants discharged (lbs/

day).

• Total priority toxic poundsequivalent discharged (lbs/day).

• Number of carcinogens present in

discharges.

• Number of facilities discharging to

water quality-impaired receiving waters.

• Number of documented cases of

sediment contamination.

Data for all of the above factors may

not be available for all of the categories

under consideration. EPA has found

that an estimate of the total priority

pollutants discharged is usually

available for each category, and can be

used to calculate the total priority toxic

pounds-equivalent discharged. These

have been among the most useful

indicators for selecting categories for

effluent guidelines. The toxic poundsequivalent (developed for most of the

126 priority pollutants and hundreds of

nonconventional pollutants) are

calculated using the mass loading of a

pollutant (measured in pounds),

multiplied by a weighting factor for

each pollutant based on toxicity and

potential for bioaccumulation. The

individual values are then summed to

provide the category value.

The second broad criterion EPA uses

in selecting industries for development

of effluent guidelines is the ‘‘utility’’ or

‘‘usefulness’’ of the regulation. This

factor reflects the fact that, even in the

absence of a national effluent guideline,

a discharger of pollutants into waters of

the United States must obtain an NPDES

permit incorporating technology-based

effluent limits. Permit writers at

facilities not covered by national

guidelines are directed to use Best

Professional Judgment in determining

what technology-based limits are

appropriate. (A roughly analogous

situation exists with respect to the

development of ‘‘local limits’’ for those

facilities discharging into POTWs). At

some facilities, however, development

of BPJ permits by individual permit

writers may be especially difficult due

to the complexity of wastestreams,

presence of pollutants with poorly

understood treatability characteristics,

or other factors. National effluent

guidelines may be especially

appropriate for such facilities and the

categories of which they are a part.

Promulgation of new and revised

categorical pretreatment standards was

the first recommendation in ‘‘National

Pretreatment Program: Report to

Congress’’ (EPA 21W–4004, July 1991).

In assessing the utility or usefulness

of a national effluent guideline, EPA

typically looks at a variety of factors.

Among these are:

• Average priority pollutants

discharged per facility;

• Average priority toxic poundsequivalent discharged per facility;

• Number of discharging facilities.

The number of priority pollutants

discharged per facility and the toxic

pounds-equivalent levels are considered

as relative indicators of plant

complexity. The number of discharging

facilities signifies the greater impact of

a guideline on a large-population

category, in reducing permit writing

workload and implementing permit

limitations on a timely basis.
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35047

The economic impact factors consist

of cost and economic achievabilty of

additional controls, and investment

cycle. The cost and economic

achievability factor is an estimate based

on the Agency’s projection of what the

‘‘best available technology’’ would be in

a new or revised regulation, and the

impacts of such costs on the industry.

The investment cycle factor is a

consideration of the timing of an

industry’s capital investments in

equipment. This is based on an

assumption that if there is a periodic

equipment replacement cycle for an

industry, the economic impact of a new

or revised regulation may be less if the

compliance period coincides with the

replacement cycle. These economic

factors are difficult to estimate in the

absence of detailed questionnaire data

and other information that are gathered

during a regulation development

project, but EPA attempts to assemble

some economic projections during its

preliminary studies.

These criteria are groups of factors

that the Agency considers and weighs in

setting rulemaking priorities. The

criteria can not be applied

mechanically. In applying the criteria

and selecting categories of dischargers

for the preparation of new or revised

guidelines, the Agency uses

considerable judgment grounded in its

expertise in the regulation of the

discharge of pollutants and the

administration of the Clean Water Act

and other authorities that address

pollution of the nation’s waters.

The Effluent Guidelines Task Force

has developed recommendations on

criteria for selecting industries for

preliminary studies. The

recommendations are discussed in

section V below.

b. Data Sources. The Agency

evaluates which categories should be

subject to new or revised effluent

guidelines using the following sources

of information:

• Recommendations from NPDES

permit writers in its own regional

offices and State agencies.

• Recommendations from POTWs

and the Association of Metropolitan

Sewerage Agencies (AMSA).

• Preliminary studies of industries,

which are discussed further in section

IV.C of today’s notice.

• Rulemaking records from existing

effluent guidelines, which document

unresolved issues from past rulemaking

activity for some categories.

• Other EPA reports, such as the

annual Toxic Release Inventory (TRI),

‘‘An Overview of Sediment Quality in

the United States’’ (EPA 905/9–88–002,

June 1987), and ‘‘National Sediment

Contaminant Point Source Inventory:

Analysis of Facility Release Data’’

(Draft, May 1996).

• Reviews of variance requests and

petitions.

• Public comments.

EPA continues to rely on these data

sources for effluent guidelines planning.

The Effluent Guidelines Task Force has

developed recommendations on use of

data sources for selecting industries.

These recommendations are discussed

below.

2. New Rulemaking Activities

The 1992 consent decree requires that

EPA begin rulemaking on two categories

in 1996, and start work on two more in

1997.

a. Iron and Steel Manufacturing. EPA

has decided to develop revisions for the

Iron and Steel Manufacturing category

(40 CFR part 420). This decision is

based on consideration of a preliminary

data summary on the category recently

prepared by the Agency. Initial

development of a proposed rule will

begin later this year, with proposal

scheduled for December 2000 and

promulgation scheduled for December

2002. The preliminary data summary is

discussed below in section IV.C.1.

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 above discussion

of data sources, the Agency may choose

the next categories from the following

list:

• Petroleum Refining.

• Textile Mills.

• Inorganic Chemicals.

• Steam Electric Power Generating.

• Photographic Processing.

• Chemical Formulators and

Packagers.

• Other categories being considered

for preliminary studies. Recent, ongoing

and future preliminary studies are

discussed briefly in Section IV.C of

today’s notice. The public is invited to

comment on these categories, as well as

recommending other categories for

development of new or revised effluent

guidelines.

C. Preliminary Studies

The purpose of a Preliminary Study is

to indicate whether and to what extent

an industry discharges toxic and

nonconventional pollutants, and to

provide a basis for comparison with

other industries for purposes of

assigning priorities for regulation. The

results of a Preliminary Study for an

industry 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:

• The products manufactured and/or

services provided by an industry;

• Number, types and geographic

location of facilities;

• Destination of discharges (directly

to surface waters, indirectly to POTWs,

or both);

• Characterization of the wastewater

discharges and identification of

pollutants present in the wastestreams

(e.g., mean concentrations of pollutants,

wastewater volumes, mass loadings);

• Sampling and analytical methods

employed to ascertain the presence and

concentration of pollutants in the

wastewater;

• Source reduction, recycling and

pollution control technologies in use

and potentially applicable to the

industry;

• Non-water quality environmental

impacts associated with wastewater

treatment in the industry (e.g., air

emissions, wastewater treatment

sludges, and other wastes including

hazardous wastes);

• Cost of control technologies in

place and cost estimates for additional

controls;

• Cost-effectiveness of reduction of

toxic and nonconventional pollutants;

• Estimates of water quality impacts

of discharges within the subject

industry;

• Economic assessment (current

financial condition of firms in the

industry, industry expansion or

reduction trends, size characterization

of firms, 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 industry is covered by an

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
35048 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

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 intends to continue to do so.

1. Recently Completed Studies

a. Petroleum Refining. The BAT

regulations for the Petroleum Refining

category were promulgated in 1982 at 40

CFR part 419. The preliminary data

summary, completed in 1994, compared

data collected by EPA in 1992 and 1993

with data collected for the 1982 rule in

the late 1970s.

Historically, U.S. petroleum refineries

have been large water users. The

industry has changed significantly since

the previous rulemaking with regard to

patterns of water usage and product

formulations. Many of the refineries

studied use well below 50 percent of the

flows predicted by the Agency’s 1982

BPT and BAT flow models, with some

refineries as low as 15 percent of their

water use rates predicted by the BPT

flow model. (The BAT regulations did

not require any further flow reductions;

however, as a result of litigation, the

1986 amendment to BAT and NSPS

incorporated additional flow reduction

as part of the basis for limitations for

phenol and total chromium.)

Refineries have modified product

formulations such as gasoline to comply

with Clean Air Act requirements

covering volatile organic compounds

and lead. Such manufacturing process

changes have led to modifications of

wastewater collection systems, which

may still be underway at some facilities.

A summary of the treatment

technologies that are identified as

currently in place is presented in the

report. Of the 27 refineries studied, 20

are direct dischargers and 7 are indirect

dischargers. All of the 20 direct

discharging refineries have some form of

biological treatment. Three have sand

filtration and one facility has an in-plant

activated carbon system in addition to

biological treatment.

A summary of the effluent data

collected from six refineries visited as

part of this study compares the

pollutants covered by BPT with the

concentrations used as a basis to

develop the BPT limitations in 1974.

Effluent concentration data are also

summarized for a number of other

pollutants, including pollutants covered

by the current effluent guidelines. These

data were obtained from the following

sources:

• Average concentration data (over a

one year period) collected during

Environment Canada’s ‘‘Seven

Refineries Study’’ conducted in 1989;

• Long term average data collected

from seven U.S. refineries during the

Canadian study;

• EPA’s Permit Compliance System

(PCS) covering 138 direct discharging

refineries for 1992.

A preliminary assessment of the

pollutant loadings and potential water

quality impacts of discharges from

petroleum refining facilities to surface

waters and POTWs, using readily

available data and information sources

on refinery wastewater volume and

constituents, annual loadings and

average concentration, are estimated in

the summary. In addition, potential

aquatic life and human health impacts

are summarized based on a review of

documented environmental impacts and

a review of the physical-chemical

properties and toxicity of pollutants

associated with wastewater discharges

from the petroleum refining industry.

EPA’s categorization of the 98

pollutants of interest, based on their fate

and impact, indicated that

approximately one quarter of the

pollutants exhibit high or moderate

acute toxicity to aquatic life. EPA

classifies 23 of the pollutants as

potential carcinogens, while 52 are

recognized as human systemic

toxicants. Of the pollutants of concern,

41 have EPA-assigned concentration

limits for drinking water protection.

Approximately half of the pollutants are

expected to biodegrade fast or

moderately fast in oxygenated water.

However, several highly to moderately

toxic pollutants are resistant to

biodegradation or only slowly

biodegrade. Whole effluent toxicity

(WET) tests done at 47 petroleum

refining facilities in Texas, Louisiana,

and Oklahoma showed approximately

40 percent failed at least one WET test

for acute, chronic, or sublethal effects.

Tests conducted at five refineries in the

San Francisco Bay region were in

compliance with chronic WET test

requirements. Twenty petroleum

refining facilities are identified by States

as point sources impairing (or

contributing to impairment of) water

quality and are included on their CWA

Section 304(l) ‘‘Short List’’, which

identifies facilities discharging to

impaired water bodies. Three cases of

sediment contamination are identified

with petroleum refineries based on a

1987 report.

b. Metal Finishing. The Metal

Finishing regulations were promulgated

in 1983 at 40 CFR part 433. The

preliminary data summary, completed

in 1994, briefly summarized the Metal

Finishing regulations and a related

category, Electroplating, promulgated in

1981 at 40 CFR part 413. The summary

also discussed then-current efforts in

the development of the Metal Products

and Machinery (MP&M) rule. Because

the MP&M rule was expected to

significantly overlap in coverage with

the Metal Finishing rule, the

preliminary data summary deferred

additional technical, economic and

environmental assessment of the

industry.

c. Textile Mills. The Textile Mills

regulations were promulgated in 1982 at

40 CFR part 410. EPA completed its

study of the industry in 1995. The

numbers of establishments engaged in

the manufacture of textile products were

estimated at nearly 6,000.

Approximately 35 to 50 percent are

engaged in wet processing (dyeing,

finishing, printing and coating), and at

least 90 percent of these sources

discharge their process wastewater to

POTWs. Water conservation programs

developed by textile facilities have

reduced the total volume of wastewater

discharged through more efficient use of

process water. Compared with 1980, the

industry in 1993 averaged 22 percent

less water per pound of fiber processed.

A survey of POTWs afforded a review of

the pretreatment technologies and

innovative pollution prevention

techniques that are currently being

employed by textile users of POTWs.

Pollutant parameters in textile process

wastewater were characterized before

and after treatment. Available data

indicated: (1) Few organic priority

pollutants were identified consistently

and, when detected, were quantified at

very low concentrations (less than 100

ppb); and (2) metal parameters

consistently detected at low levels

include: copper, chromium, and zinc.

At textile operations using metallized

dyes, copper, chromium or nickel are

often chelated by organic ligands to

form water-soluble metal complexes.

While their solubility limits the removal

of such metal complexes during

biological treatment, complexation also

suppresses the immediate and

subsequent bioavailability (toxicity) of

metal species in the treated wastewater.

Although most textile facilities

engaged in wet processing discharge

their wastewater to POTWs, a survey of

POTWs with textile users did not

identify any general operational

problems that could be related to the

lack of categorical pretreatment

standards for this industry. In the

absence of categorical pretreatment

standards, each POTW surveyed has

developed local limits for those

parameters it has determined must be

controlled to assure compliance with its

own NPDES permit.
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35049

d. Inorganic Chemicals. The Inorganic

Chemicals regulations were

promulgated in 1982 (Phase 1) and 1984

(Phase 2) at 40 CFR part 415. EPA

completed its study of the industry in

1994. EPA identified approximately 51

chlor-alkali facilities, 47 inorganic

pigment facilities, 140 industrial gas

facilities, and 422 other inorganic

chemical manufacturing facilities. These

are believed to represent nearly

complete coverage of this category in

the United States. Inorganic chemicals

are mostly used by major manufacturing

industries to produce automobiles, steel,

paper, petroleum products, and housing

materials.

EPA identified 30 inorganic

pollutants and their compounds (13

priority and 17 nonconventional) as

pollutants of interest in the wastewater

discharges from inorganic chemical

manufacturing facilities. These include

15 metals, one metal oxide, two nonmetallic elements, five inorganic acids,

and seven other inorganic compounds.

An analysis of 1992 data from PCS

indicates that permit limits for copper

and zinc are exceeded most frequently

of the 12 metals examined. A chemical

load analysis of the data shows that zinc

represents the vast majority of total

discharge quantity (about 70 percent)

followed by chromium and nickel. A

one-year chemical load analysis of

surface water releases and transfers to

POTWs of inorganic chemicals using

1992 TRI data shows that 5.4 million

pounds are being released to surface

waters and 27.1 million pounds are

being transferred to POTWs. Ammonia,

ammonium nitrate and ammonium

sulfate represent the vast majority of

total releases, with ammonia being

reported most frequently. Mercury was

the most frequently reported metal in

discharges from the 1992 TRI facilities.

The total discharge of priority pollutants

from the Inorganic Chemicals

Manufacturing Category is estimated at

0.51 million pounds per year.

EPA’s categorization of the 30

pollutants of interest, based on their

potential environmental fate and

impact, indicates that one-third of the

pollutants (10 of 30), primarily metals in

their elemental form, are highly toxic to

aquatic life. The Agency has set

drinking water maximum contaminant

level standards for approximately onethird of the pollutants (11 of 30), and

about half (16 of 30) have been

identified as human systemic toxicants.

EPA classifies arsenic, cadmium, and

lead as Class A, B1, and B2 carcinogens,

respectively. Calculated toxic weighted

loads, based on toxicity and

bioaccumulation potential, indicate that

approximately 40 percent of the

weighted surface water releases are from

priority pollutants and approximately

30 percent of POTW transfers are from

priority pollutants. States, in developing

lists of point sources impairing water

quality under sec. 304(l), identified 27

inorganic chemical manufacturing

facilities. Inorganic chemical

manufacturing ranks first among 40

industrial categories as a source of

potential sediment contaminants in a

1995 draft EPA report (‘‘National

Sediment Contaminant Point Source

Inventory: Analysis of Release Data for

1992’’, EPA Office of Science and

Technology, May 1995 draft). EPA also

reports 12 cases of possible sediment

contamination associated with inorganic

chemical manufacturing.

e. Steam Electric Power Generating.

The Steam Electric Power Generating

regulations were promulgated in 1982 at

40 CFR part 423. The Preliminary Data

Summary for the Steam Electric Point

Source Category was completed in 1995.

The 1982 Guidelines and Standards are

currently being applied to about 900

utility steam electric facilities, and

potentially to over one thousand nonutility steam electric generators. Steam

electric generation is by far the Nation’s

largest industrial water user, estimated

at over 110 trillion (110 × 1012) gallons

per year.

Pollutants of concern for this industry

include chlorine, mercury, arsenic,

copper, zinc and lead. EPA estimates a

total annual pollutant load of 22 million

pounds, of which 727 thousand pounds

are priority pollutants, based on 1992

PCS data. Chlorine and iron represent

the vast majority of total loads, being 34

and 40 percent respectively. Zinc and

copper represent the majority of priority

pollutant loads, respectively comprising

37 and 28 percent of the total. When

arranged by toxic weighted pounds

chlorine is found to be the most

significant pollutant, comprising 70

percent of total toxic pounds-equivalent.

Mercury and arsenic contribute the

greatest number of toxic poundsequivalent among the priority

pollutants. These estimated pollutant

loading represent only 361 of the 910

U.S. steam electric utility plants

operating in 1992, due to insufficient

data for the excluded facilities.

The Steam Electric Industry ranks

third among 44 industrial categories as

a source of potential sediment impact.

Categorization of the 53 pollutants of

interest based on their environmental

fate and impact indicate that 22 of the

53 are highly or moderately toxic to

aquatic life. A review of documented

environmental impacts shows that

States identify 39 steam electric

facilities as point sources impairing

water quality based on their CWA

Section 304(l) ‘‘short list.’’

Due to many changes that have

occurred in this industry since the 1982

rule, the current guidelines and

standards do not address issues such as:

• ‘‘Non-utilities’’, mainly comprised

of cogenerators and renewable fuel

burners,

• Combined cycle generators, with

gas turbine exhaust heat driving a steam

turbine,

• Use of bromine and other biocides

in place of chlorine,

• Zebra mussel control strategies, and

• Wastewaters from a growing

population of non-steam electric

generators.

f. Iron and Steel Manufacturing. The

Iron and Steel Manufacturing

regulations were promulgated in 1982 at

40 CFR part 420 and amended in 1984.

EPA completed its study of the industry

in 1995. The industry has consolidated

and modernized in the past fifteen

years. Integrated mills continue to

‘‘down-size’’ to reflect changes in the

demand of different steels and to remain

competitive. ‘‘Mini-mills’’ continue to

grow due to their ability to make higher

quality steels. Coking operations are

declining due to changes in iron-making

processes. Continuous casting is now

the norm for the industry due to the

higher energy efficiency of the process

over the traditional piecemeal casting

operations. These changes are believed

to be fostered by domestic and world

competition.

The 300 industry facilities are

becoming more efficient. This has led to

substantial changes in how the industry

operates. Pollutant loadings are down

due to improved recycle rates on many

unit operations, more efficient

processing of conventional operations,

elimination of obsolete processes,

improved computerization of

manufacturing, changes in market

demands, and improved treatment

processes. Many better-performing mills

are discharging wastewater loadings far

below EPA’s current standards.

However, not all of the industry has

kept pace with the improved operations

or pollution prevention opportunities.

Forty mills are included on the sec.

304(l) ‘‘short list’’, and a number of

mills continue to discharge in excess of

current effluent guidelines. Facilities in

10 of the 12 subcategories discharge

some toxic and nonconventional

pollutants that are not covered in the

current regulation. Changes made by the

industry in its cold forming operations

have rendered some current standards

inapplicable, and some elements of the

current regulation are obsolete. Many

better-performing mills are discharging
35050 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

wastewater loadings far below EPA’s

current standards (e.g., § 420.01(b),

involving centralized waste treatment).

Revised effluent guidelines for the

Iron and Steel industry could result in

a substantial reduction in pollutants

discharged: as much as 29 million

pounds per year of total suspended

solids, 6.9 million pounds of oil and

grease, and 710,000 pounds of

ammonia-N.

2. Ongoing Studies

a. 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. As of 1980, the Agency

estimated that 99 percent of 11,000

photographic processing facilities were

indirect dischargers. Several POTWs

have recommended that EPA develop

categorical standards for indirect

dischargers. While processing facilities

are believed to be widely dispersed

across the United States, POTW efforts

vary considerably. Some POTWs have

implemented local limits for silver and

perhaps other pollutants, while others

have no specific mechanisms for this

industry.

EPA is reviewing the pollutants of

concern (such as silver, cyanide, and

chromium), what technologies are

available for controlling discharges and

POTWs’ efforts to address the

discharges by means of local limits or

other mechanisms. In addition to

working with states and POTWs, the

Agency is consulting with business

associations in the review of industryrecommended silver management

practices.

b. Chemical Formulators and

Packagers. Chemical formulators and

packagers (CFP) purchase concentrated

chemical products from chemical

manufacturers, and mix or otherwise

formulate and/or package them into

end-use products for sale to consumers,

businesses and institutions. CFP

facilities are similar to pesticide

formulating, packaging and repackaging

(PFPR) facilities in that some discharge

wastewater, while others have no

discharge. However, some CFP facilities

are not covered by either the impending

PFPR final rule, the Organic Chemicals,

Plastics and Synthetic Fibers (OCPSF)

category (40 CFR part 414), nor the

Inorganic Chemicals category (40 CFR

part 415).

In the course of developing the PFPR

rule, EPA acquired some data on CFP

facilities. EPA will continue to review

these data and develop a profile of the

industry’s discharges.

3. Future Studies

EPA intends to begin three

preliminary studies in 1996. Studies are

being considered on the following

subjects:

a. Coal Mining. Regulations for the

Coal Mining category were promulgated

in 1982 at 40 CFR part 434. The Agency

is aware of several issues that have

emerged subsequent to the rulemaking

or that were not resolved in the

promulgated rule. These include the

question of whether there should be

separate subcategories for remining

operations and western coal mines;

whether limitations on manganese

discharges should be revised; whether

the criteria for ‘‘bond release’’ as

defined at 40 CFR 434.11(d) should be

revised; and whether discharges related

to methane gas production should be

regulated in Part 434.

b. Feedlots. Regulations for the

Feedlots category were promulgated in

1974 at 40 CFR part 412. The effluent

guidelines, which apply to feedlots of

1,000 or more animal units (AUs),

contain limitations requiring no

discharge of process wastewater

pollutants, based on treatment of wastes

in lagoons or holding ponds. The

Agency is aware of several issues which

could be explored in a preliminary

study. These include:

• Changes in industry (e.g., there has

been an increase in recent years in the

number of large corporate hog farms)

• The ability of facilities to comply

using technology that was the basis for

the 1974 effluent guidelines during

chronic rainfall and snowmelt runoff

events

• Regulatory coverage of livestock

markets

• Proper runoff control structure

dewatering to maintain free-board and

land disposal of contained runoff by

techniques consistent with non-point

source controls.

c. Stormwater Discharges. Stormwater

discharges are explicitly addressed in

several effluent guidelines, such as

Fertilizer Manufacturing (40 CFR Part

418) and Coal Mining (40 CFR part 434).

In addition, discharges associated with

industrial activity and from municipal

separate stormwater sewer systems

serving a population of 100,000 or more

are subject to NPDES stormwater

permitting requirements at 40 CFR

122.21 and 122.26. The stormwater

permit program is being implemented

by EPA and States utilizing the NPDES

regulations and permits, including

individual, general and sector permits.

The Agency is considering whether

development of additional technical

information and guidance on

characterizing stormwater discharges

and evaluating the efficacy of controls

would be useful to discharging facilities

in complying with permit requirements.

EPA may conduct a study to explore

what kinds of documentation would be

helpful. For example, the Agency could

develop a compilation of municipal

stormwater control techniques

appropriate for specific situations, along

with cost models and cost-effectiveness

analyses.

d. Hospitals. BPT regulations for the

Hospitals category were promulgated in

1976 at 40 CFR part 460. EPA published

a Preliminary Data Summary on the

Hospitals category in 1989. The 1989

summary reported that there were 6,870

registered hospitals in the United States

as of 1985, and approximately 97

percent of these were indirect

dischargers. A principal pollutant of

concern from hospital discharges has

been silver, emanating from processing

of x-ray images. While some hospitals

employ silver recovery systems, a

national PSES limitation for silver may

be useful to some POTWs in promoting

fuller control of silver discharges.

Recommended silver management

practices developed by the photographic

industry may be reviewed for relevancy

to addressing hospital discharges.

Additionally, the Agency may explore

discharges associated with procedures

for deactivation of infectious waste,

including discharges from scrubber

water of on-site incinerators.

e. Ore Mining and Dressing. Most

portions of the Ore Mining and Dressing

category were promulgated in 1982 at 40

CFR part 440. (Subpart M, Gold Placer

Mining Subcategory, was promulgated

in 1988). EPA may study issues

stemming from a pending action

affecting some gold mines under

Subpart J (see section IV.D.2 of today’s

notice), and may also examine the need

for revised analytical methods for

cyanide, which affects multiple

subcategories in part 440.

f. Glass Manufacturing. BPT

regulations for the Glass Manufacturing

category were promulgated in 1974 at 40

CFR part 426. The Agency is aware of

changes in industry manufacturing

practices since 1974 that may affect

wastewater discharge characteristics,

and revisions to the effluent guidelines

may be appropriate. For example, there

are new processes for manufacturing

light bulbs and fiber optics, and there

has been a substantial increase in

production of float glass, while plate

glass manufacturing has declined.
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35051

g. Canmaking. Regulations for the

Canmaking subcategory of the Coil

Coating category were promulgated in

1983 at 40 CFR part 465, Subpart D. One

of the pollutant parameters included in

this subcategory is Total Toxic Organics

(TTO). EPA’s inclusion of the TTO limit

was based on the industry’s use of can

sealant compounds. The Agency has

received reports from some POTWs that

industry may no longer be using these

compounds, but POTWs continue to

require TTO monitoring because the

limitation remains in the regulation.

EPA may investigate the TTO issue to

determine whether a revision to the

limitation is appropriate.

h. Organic Chemicals, Plastics and

Synthetic Fibers. Regulations for the

OCPSF category were promulgated in

1987 at 40 CFR part 414. EPA may

conduct a retrospective study of the

industry’s actual compliance strategies

and incurred costs for complying with

the final regulation in comparison to the

Agency’s projected technology bases

and estimated costs of compliance used

for developing the regulation. The

Agency establishes end-of-pipe

numerical standards based on the

performance of specific waste

management and wastewater treatment

unit operations. Individual plants may

select appropriate wastewater

management practices and treatment

alternatives to comply with the

numerical standards. This study would

identify the selected in-plant and endof-pipe wastewater treatment unit

operations and determine the extent to

which process modifications, source

reduction, water conservation, and

pollution prevention were used to meet

the numerical standards. The study

would identify the actual costs incurred

to comply with the regulation and

compare them to the Agency’s estimated

engineering costs of compliance. This

information may assist the Agency in

improving the accuracy of its general

approach to estimating the engineering

costs of compliance.

i. Pulp, Paper and Paperboard. The

proposed rule for the Pulp, Paper and

Paperboard Category included BPT, BCT

and NSPS for conventional pollutants

for six of the proposed subcategories

(Subparts G, H, I, J, K, and L), but did

not address toxic and nonconventional

pollutant discharges. EPA is aware of

increased activity in the secondary fiber

and deinking segments of the industry,

and may conduct a study focusing on

toxic and nonconventional pollutant

discharges from these and other mills in

these subcategories.

j. Generic Effluent Guideline Issues. A

number of suggestions which could

affect numerous existing or planned

effluent guidelines have been raised in

the context of recently proposed

regulations. Several of these suggestions

involve implementation of effluent

guidelines, while others directly impact

the content of effluent guideline

regulations. These suggestions include

such things as allowing certification in

lieu of monitoring for specified

pollutants under defined circumstances,

defining Best Management Practices in

concert with concentration-based

limitations as an alternative to massbased limitations, considering

exemptions for indirect dischargers

below a cut-off point defined in terms

of either flow or pollutant loadings, and

allowing a reduced sampling frequency

(e.g., once a year) for indirect

dischargers under defined

circumstances. EPA is aware of a great

interest in some of these suggestions by

the regulated community and local

governments and may conduct a study

to evaluate the potential effects of

implementing these suggestions.

D. Other Rulemaking Actions

1. Leather Tanning and Finishing

EPA is promulgating minor revisions

to pretreatment standards for existing

and new sources applicable to certain

facilities in the Leather Tanning and

Finishing point source category (40 CFR

part 425). The facilities involved

discharge process wastewaters to

POTWs. EPA is eliminating the upper

(alkaline) pH limits for facilities in these

subcategories. Affected POTWs may still

elect to set an alternative upper

(alkaline) pH limit based on local

circumstances. EPA is promulgating

these changes as a ‘‘direct’’ final rule in

order to provide prompt

implementation, which will allow

facilities to minimize any potential

hazards to worker safety and health that

may occur in the absence of this rule.

This regulation is being promulgated

in response to a petition submitted by

a trade association for the leather

tanning industry, the Leather Industries

of America. The petition requests the

Agency to consider relaxing the upper

pH limit for certain indirect dischargers.

The Agency is making a minor

amendment to these regulations,

provided that such an amendment

would not adversely affect POTW

operations or receiving water quality.

This minor amendment would not affect

the other rulemakings described in

today’s notice. EPA is not planning

other revisions to the Leather Tanning

regulations.

2. Ore Mining and Dressing

EPA is proposing to exempt a waste

stream from existing 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 project

near Juneau, Alaska would be affected

by this proposal. The use of

impoundments or ‘‘tailings ponds’’ was

an important component of the

technology basis of the existing

regulations, which were promulgated in

1982. EPA is proposing this exemption

based on the results of a preliminary

review of the technology basis for the

existing regulations that appear to show

that, because of the severe topographic

and climatic conditions that exist at the

A–J site, the use of a tailings

impoundment is impractical. If

constructed, an extraordinary amount of

wet weather runoff would flow into the

impoundment which would make it

impracticable to treat the mill tailings.

In addition, construction of a massive

tailings impoundment may result in

long-term environmental degradation

and there are safety concerns with a

pond of this size.

This proposal opens the way for the

detailed evaluation of alternatives for

treatment of the tailings. The discharge

of tailings from the A–J project to

marine waters, which otherwise would

be prohibited by Subpart J, could

appropriately be evaluated. The

proposal does not in itself authorize or

endorse any method of tailings

treatment or disposal. The discharge of

tailings to marine waters would require

final revision of Subpart J under the

proposal. EPA will evaluate all

comments and information received

prior to making a final determination,

which the Agency currently expects to

do by the end of 1996.

3. Marine Discharges from Vessels of the

Armed Forces

Section 325 of the National Defense

Authorization Act for Fiscal Year 1996

(Pub. L. 104–106, February 10, 1996)

amended the Clean Water Act by adding

sec. 312(n), which requires EPA and the

Department of Defense (DOD) to:

• Determine discharges from vessels

of the armed forces requiring control

• Promulgate performance standards

for marine pollution control

• Promulgate regulations governing

design, construction, installation and

use of marine pollution controls.

EPA is currently developing a plan

with DOD to comply with sec. 312(n).
35052 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

The amendment requires the discharge

determination within two years of

enactment, promulgation of

performance standards within two years

of discharge determination, and

promulgation of other regulations

within one year after promulgation of

standards.

VI. Recommendations of the Effluent

Guidelines Task Force

The Effluent Guidelines Task Force

was established by EPA to recommend

improvements to the effluent guidelines

program. The Task Force 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

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 (FACA).

The Task Force has developed

recommendations on three topics

pertinent to EPA’s effluent guidelines

planning process: data sources, criteria

for selecting industries for preliminary

studies, and the design of studies.

A. Data Sources

The Task Force generally agreed with

EPA on the sources of data that are

appropriate for comparing categories. It

encouraged EPA to consider information

supplied by POTWs, AMSA, States, and

trade associations. Reviews of technical

literature and the Toxic Release

Inventory (for basic identification of

industry sources and locations) were

also recommended.

B. Criteria for Selecting Industries for

Preliminary Studies

The Task Force supported EPA’s use

of total toxic pounds-equivalent

discharged as one of the principal

selection criteria. Other criteria that

EPA has used in previous Effluent

Guidelines Plans were supported with

varying degrees of emphasis, and

several new factors were recommended.

The recommendations included using

number of facilities and flow (including

establishing a cutoff below which

alternatives to establishing effluent

guidelines will be developed); giving

priority to industries not covered by

existing guidelines; giving priority to

industries targeted for regulations by

other EPA programs (e.g. air, solid

waste); giving priority to service

industries; and priority to industries

which are at or near the beginning of

their investment cycles.

C. Design of Preliminary Studies

The Task Force recommended that in

cases where an industry and its issues

are documented, EPA should proceed

directly to rulemaking rather than

conducting an intermediate preliminary

study. This should only be done where

there is a preponderance of already

assimilated information indicating full

rulemaking is appropriate, or in cases

where stakeholders have clearly

indicated that effluent guidelines are

needed. Where there is uncertainty

about the extent of industrial discharges

and comparability to other categories, a

study should be conducted.

VII. Request for Comments

EPA invites public comment on its

plans for development of effluent

guidelines and preliminary studies.

Comments will be accepted until

August 2, 1996. In particular, the

Agency is interested in data that would

facilitate category-wide comparisons of

industries with regard to discharge

characteristics, treatment practices and

effects on water quality. In addition to

the industries discussed or listed in

today’s notice, EPA will consider

information on other industries in

developing Effluent Guidelines Plans.

VIII. Economic Impact Assessment;

Executive Order 12866

Today’s notice proposes a plan for the

review and revision of existing effluent

guidelines and for the selection of

priority industries for new regulations.

This notice is not a ‘‘rule’’ and does not

establish any requirements; therefore,

no economic impact assessment has

been prepared. EPA will provide

economic impact analyses or regulatory

impact analyses, as appropriate, for all

of the future effluent guideline

rulemakings developed by the Agency.

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to Office of Management and

Budget (OMB) review and the

requirements of the Executive Order.

The Order defines ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

It has been determined that this plan

is not a ‘‘significant regulatory action’’

under the terms of Executive Order

12866 and is therefore not subject to

OMB review.

Dated: June 27, 1996.

Carol M. Browner,

Administrator.

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.]

Category 40 CFR Part Promulgation

Revised Rule (P: Proposal F: Final Action)

or Study Completion

(S)

Aluminum Forming ........................................................................................................ 467 10/83

Asbestos Manufacturing ................................................................................................ 427 2/74

Battery Manufacturing ................................................................................................... 461 3/84

Builder’s Paper and Board Mills 1 ................................................................................. 431 12/86 (BCT)

Carbon Black Manufacturing ......................................................................................... 458 1/78

Cement Manufacturing .................................................................................................. 411 8/79 (BCT)
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices 35053

APPENDIX A—PROMULGATED EFFLUENT GUIDELINES—Continued

[‘‘Promulgation’’ refers to the date of promulgation of BAT controls unless otherwise noted. Minor amendments or corrections are not shown.]

Category 40 CFR Part Promulgation

Revised Rule (P: Proposal F: Final Action)

or Study Completion

(S)

Coal Mining ................................................................................................................... 434 10/82

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)

Electrical and Electronic Components .......................................................................... 469 4/83

Explosives Manufacturing ............................................................................................. 457 3/76

Feedlots ......................................................................................................................... 412 2/74

Ferroalloy Manufacturing ............................................................................................... 424 7/86 (BCT)

Fertilizer Manufacturing ................................................................................................. 418 8/79 (BCT)

Fruits and Vegetables Processing ................................................................................ 407 7/86 (BCT)

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

Leather Tanning and Finishing ..................................................................................... 425 11/82

Meat Products ............................................................................................................... 432 7/76 (BCT)

Metal Finishing .............................................................................................................. 433 7/83 S 1994

Metal Molding and Casting (Foundries) ........................................................................ 464 10/85

Mineral Mining and Processing ..................................................................................... 436 7/77 (BPT)

Nonferrous Metals Forming ........................................................................................... 471 8/85

Nonferrous Metals Manufacturing ................................................................................. 421 6/84

Oil and Gas Extraction .................................................................................................. 435

Offshore Subcategory ............................................................................................ ........................ 3/4/93

Coastal Subcategory .............................................................................................. ........................ 11/79 (BPT) P 2/17/95; F 10/96

Other Subcategories .............................................................................................. ........................ 11/79 (BPT)

Ore Mining and Dressing .............................................................................................. 440 12/82

Gold Placer Mining Subcategory ........................................................................... ........................ 5/88

Organic Chemicals, Plastics and Synthetic Fibers ....................................................... 414 11/87

Paint Formulating .......................................................................................................... 446 7/75 S 1989

Paving and Roofing Materials ....................................................................................... 443 7/75

Pesticide Chemicals ...................................................................................................... 455

Manufacturing ......................................................................................................... ........................ 9/28/93

Formulating, Packaging, Repackaging .................................................................. ........................ 4/78 (BPT) P 4/14/94; F 9/96

Petroleum Refining ........................................................................................................ 419 10/82 S 1993

Pharmaceutical Manufacturing ...................................................................................... 439 10/83 P 5/2/95; F 11/97 2

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 12/86 (BCT) P 12/17/93; F 1

Rubber Manufacturing ................................................................................................... 428 2/74

Seafood Processing ...................................................................................................... 408 7/86 (BCT)

Soap and Detergent Manufacturing .............................................................................. 417 4/74

Steam Electric Power Generating ................................................................................. 423 11/82 S 1995

Sugar Processing .......................................................................................................... 409 7/86 (BCT)

Textile Mills .................................................................................................................... 410 9/82 S 1994

Timber Products Processing ......................................................................................... 429 1/81

Notes:

1EPA proposed merging part 431 with part 430 in the proposed Pulp, Paper and Paperboard rule on 12/17/93. The Pulp, Paper and Paperboard rulemaking is not covered by the January 31, 1992 consent decree. 2EPA 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)

(58 FR 66078)

Pesticide Formulating, Packaging and Repackaging ............................................................................................... 4/14/94 9/96

(59 FR 17850)

Centralized Waste Treatment ................................................................................................................................... 1/27/95 2 9/96

(60 FR 5464)
35054 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Notices

APPENDIX B—CURRENT AND FUTURE RULEMAKING PROJECTS—Continued

Category Proposed Final

Coastal Oil and Gas Extraction ................................................................................................................................ 2/17/95 10/96

(60 FR 9428)

Pharmaceutical Manufacturing .................................................................................................................................. 5/2/95 2 8/96

(60 FR 21592)

Metal Products and Machinery, Phase 1 .................................................................................................................. 5/30/95 2,3 9/96

(60 FR 28209)

Industrial Laundries ................................................................................................................................................... 2 12/96 2 12/98

Transportation Equipment Cleaning ......................................................................................................................... 2 12/96 2 12/98

Landfills and Incinerators .......................................................................................................................................... 2 5/97 2 5/99

Metal Products and Machinery, Phase 2 .................................................................................................................. 2 12/97 2,3 12/99

Iron and Steel Manufacturing .................................................................................................................................... 2 12/98 2 12/00

1 category ................................................................................................................................................................. 2 12/98 2 12/00

2 categories ............................................................................................................................................................... 2 12/99 2 12/01

2 categories ............................................................................................................................................................... 2 12/00 2 12/02

2 categories ............................................................................................................................................................... 2 8/01 2 12/03

Notes:

1The Pulp, Paper and Paperboard rulemaking is not covered by the January 31, 1992 consent decree.

2EPA is discussing extensions to Consent Decree dates with NRDC.

3EPA is considering merging Phases 1 and 2 of the Metal Products and Machinery rule.

See discussion above.

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

Photographic Processing ......................................................................................................................................................................... 1996

Chemical Formulators and Packagers .................................................................................................................................................... 1996

Three studies ........................................................................................................................................................................................... 1997

(see discussion in Section IV.C.3)

[FR Doc. 96–17030 Filed 7–2–96; 8:45 am]

BILLING CODE 6560–50–P