[Federal Register: December 31, 2003 (Volume 68, Number 250)]
[Notices]
[Page 75515-75531]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de03-72]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7604-7]
RIN 2040-ACXX
Preliminary Effluent Guidelines Program Plan for 2004/2005
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of preliminary effluent guidelines plan; request for
comments.
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SUMMARY: Today's notice presents and invites comment on EPA's
preliminary Effluent Guidelines Program Plan for 2004/2005. Under the
Clean Water Act (CWA), EPA establishes technology-based national
regulations, termed ``effluent guidelines,'' to reduce pollutant
discharges from industrial facilities to waters of the United States.
Section 304(m) of the Clean Water Act (CWA) requires EPA to publish an
Effluent Guidelines Program Plan every two years. Today's notice has
three purposes. First, it presents the results of EPA's annual review
of the effluent guidelines that EPA has promulgated under CWA section
304(b). Second, it solicits public comment on the preliminary Effluent
Guidelines Program Plan. Third, it describes and solicits comment on
the analytical framework that EPA has employed to date in performing
the annual review for 2003 and in developing today's preliminary
Effluent Guidelines Program Plan. EPA had articulated an early form of
this evolving analytical framework in the draft Strategy for National
Clean Water Industrial Regulations, which EPA hopes to finalize
concurrently with the Effluent Guidelines Program Plan in 2004.
DATES: EPA must receive comments on the preliminary Effluent Guidelines
Program Plan for 2004/2005 by February 17, 2004. EPA will conduct a
public meeting on Wednesday, January 28, 2004, from 9 a.m. to 12 p.m.
Eastern Standard Time. For information on the location of the public
meeting, see ADDRESSES section.
ADDRESSES: You can submit comments electronically, by mail, or through
hand-delivery/courier. Please mail comments to the Water Docket,
Environmental Protection Agency, Mail Code: 4101 T, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460 or submit them electronically to
http://www.epa.gov/edocket/. For more information on submitting
comments, see section I.C. EPA will hold an informational public
meeting for interested stakeholders in the EPA East Building, Room 1153
(also known as the ``Great Room'' or the ``Map Room''), 1201
Constitution Avenue, NW., Washington, DC. For more information on the
details and location of the public meeting, see section I.F.
FOR FURTHER INFORMATION CONTACT: Mr. Carey A. Johnston at (202) 566-
1014 or johnston.carey@epa.gov, or Mr. Tom Wall at (202) 566-1060 or
wall.tom@epa.gov.
SUPPLEMENTARY INFORMATION:
How Is This Document Organized?
The outline of the preliminary Effluent Guidelines Program Plan for
2004/2005 follows.
I. General Information
II. Legal Authority
III. What Are Effluent Guidelines?
IV. What Requirements Apply to This Effluent Guidelines Program Plan
Effort?
V. What Is the Purpose of Today's Federal Register Notice?
VI. 2003 Annual Review of Effluent Guidelines That EPA Has
Promulgated Under CWA Section 304(b)
VII. What Will Be the Focus of EPA's 2004 Annual Review?
VIII. Identification of and Schedule for Possible Categories for
Potential New Effluent Guidelines
IX. Request for Comment and Information
I. General Information
A. Regulated Entities
Today's preliminary Effluent Guidelines Program Plan for 2004/2005
does not contain regulatory requirements, nor will the final plan do
so. Rather, today's preliminary Effluent Guidelines Program Plan
describes the current status of the effluent guidelines planning
process, presents the results of the Agency's annual review of the
effluent guidelines EPA has already promulgated for industrial
categories, and identifies industrial categories that EPA expects to
investigate further for the possible development or revision of
effluent limitations guidelines.
B. How Can I Get Copies of This Document and Other Related Information?
1. Docket
EPA has established an official public docket for this action under
Docket ID No. OW-2003-0074. The official public docket consists of the
documents specifically referenced in this action, any public comments
received, and other information related to this action. Although a part
of the official docket, the public docket does not include information
claimed as Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that
[[Page 75516]]
is available for public viewing at the Water Docket in the EPA Docket
Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Water Docket is (202) 566-
2426.
The following are the major documents supporting the preliminary
Effluent Guidelines Program Plan:
[sbull] Factor 1 Analysis: Human Health and Environmental Impacts--
Status of Screening Level Review Phase (DCN 00545, section 2.1).
[sbull] Factor 2 Analysis: Technology Advances and Process
Changes--Status of Screening Level Review Phase (DCN 00546, section
2.2).
[sbull] Factor 4 Analysis: Implementation and Efficiency
Considerations--Status of Screening Level Review Phase (DCN 00547,
section 2.3).
[sbull] Description and Results of EPA Methodology to Synthesize
Screening Level Results for the CWA 304(m) Effluent Guidelines Program
Plan for 2004/2005 (DCN 00548, section 3.0).
2. Electronic Access
You may access this Federal Register document electronically
through the EPA Internet under the ``Federal Register'' listings at
http://www.epa.gov/fedrgstr/. An electronic version of the public
docket is available through EPA's electronic public docket and comment
system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/
to submit or view public comments, access the index listing of
the contents of the official public docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket identification
number for this action: OW-2003-0074.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in section I.B.1.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, information claimed as CBI, or other
information whose disclosure is restricted by statute. When EPA
identifies a comment containing copyrighted material, EPA will provide
a reference to that material in the version of the comment that is
placed in EPA's electronic public docket. The entire printed comment,
including the copyrighted material, will be available in the public
docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. We will not accept comments by facsimiles (faxes). To
ensure proper receipt by EPA, identify the following docket
identification number in the subject line on the first page of your
comment: OW-2003-0074. Please ensure that your comments are submitted
within the specified comment period. Comments received after the close
of the comment period will be marked ``late.'' EPA is not required to
consider these late comments. If you wish to submit information you
claim as CBI or information that is otherwise protected by statute,
please follow the instructions in section I.D. Do not use EPA Dockets
or e-mail to submit information you claim as CBI or information
protected by statute.
1. Electronically
If you submit an electronic comment as prescribed in this section,
EPA recommends that you include your name, mailing address, and an e-
mail address or other contact information in the body of your comment.
Also include this contact information on the outside of any disk or CD
ROM you submit, and in any cover letter accompanying the disk or CD
ROM. This ensures that you can be identified as the submitter of the
comment and allows EPA to contact you in case EPA cannot read your
comment due to technical difficulties or needs further information on
the substance of your comment. EPA's policy is that EPA will not edit
your comment, and any identifying or contact information provided in
the body of a comment will be included as part of the comment that is
placed in the official public docket, and made available in EPA's
electronic public docket. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment.
a. EPA Dockets
Your use of EPA's electronic public docket to submit comments to
EPA electronically is EPA's preferred method for receiving comments. Go
directly to EPA Dockets at http://www.epa.gov/edocket, and follow the
online instructions for submitting comments. Once in the system, select
``search,'' and then key in Docket ID No. OW-2003-0074. The system is
an ``anonymous access'' system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
b. E-mail
Comments may be sent by electronic mail (e-mail) to OW-
Docket@epa.gov, Attention Docket ID No. OW-2003-0074. In contrast to
EPA's electronic public docket, EPA's e-mail system is not an
``anonymous access'' system. If you send an e-mail comment directly to
the Docket without going through EPA's electronic public docket, EPA's
e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
c. Disk or CD ROM
You may submit comments on a disk or CD ROM that you mail to the
mailing address identified in section I.C.2. These electronic
submissions will be accepted as in WordPerfect or ASCII file format.
Avoid the use of special characters and any form of encryption.
[[Page 75517]]
2. By Mail
Send the original and three copies of your comments and enclosures
(including references) to: Water Docket, Environmental Protection
Agency, Mail Code 4101T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460, Attention Docket ID No. OW-2003-0074. Commenters who want EPA to
acknowledge receipt of their comments should enclose a self-addressed,
stamped envelope.
3. By Hand Delivery or Courier
Deliver your comments to: Environmental Protection Agency, EPA
Docket Center, EPA West, Room B102, 1301 Constitution Avenue, NW.,
Washington, DC, Attention Docket ID No. OW-2003-0074. Such deliveries
are only accepted during the Docket's normal hours of operation as
identified in section I.B.1.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically to EPA Docket Center or through EPA's electronic public
docket or by e-mail. Send or deliver information identified as CBI only
to the following address: U.S. Environmental Protection Agency, 304(m)
Effluent Guidelines Planning, 1201 Constitution Ave, NW., Room 6231G,
EPA West Building, Washington, DC 20004. You may claim information that
you submit to EPA as CBI by marking that information as CBI. If you
submit CBI on disk or CD ROM, indicate on the outside of the disk or CD
ROM that it contains information claimed as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. Information so marked will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you use a
disk or CD ROM, mark the outside of the disk or CD ROM clearly to
indicate that it does not contain CBI. Information not marked as CBI
will be included in the public docket and EPA's electronic public
docket without prior notice. If you have any questions about CBI or the
procedures for claiming CBI, please consult one of the persons
identified in the FOR FURTHER INFORMATION CONTACT section.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
[sbull] Explain your views as clearly as possible.
[sbull] Describe any assumptions that you used.
[sbull] Provide any technical information and/or data you used that
support your views.
[sbull] Review section IX, ``Request for Comment and Information,''
for areas on which EPA specifically requests comments and information.
[sbull] If you estimate potential burden or costs, explain how you
arrived at your estimate.
[sbull] Provide specific examples to illustrate your concerns.
[sbull] Offer alternatives.
[sbull] Make sure to submit your comments by the comment period
deadline identified.
[sbull] To ensure proper receipt by EPA, identify the following
docket identification number in the subject line on the first page of
your response: OW-2003-0074. It would also be helpful if you provided
the name, date, and Federal Register citation related to your comments.
F. What Are the Public Meeting Details for the Preliminary Plan?
A public meeting to review the preliminary Effluent Guidelines
Program Plan for 2004/2005 will be held in Washington, DC (see DATES
and ADDRESSES for the date and location of the public meeting). The
meeting is open to the public, and limited seating for the public is
available on a first-come, first-served basis. For security reasons, we
request that you bring photo identification with you to the meeting.
Also, it will expedite the process of signing in if you contact Ms.
Patricia Harrigan at least three business days prior to the meeting
with your name, phone number, and affiliation. Ms. Harrigan can be
reached via e-mail at harrigan.patricia@epa.gov. Please use ``304(m)
Public Meeting Attendee'' in the subject line. Ms. Harrigan can also be
reached by telephone at (202) 566-1666.
EPA will not distribute meeting materials in advance of the public
meeting; all materials will be distributed at the meeting. The purpose
of the public meeting is to: (1) Review the preliminary Effluent
Guidelines Program Plan for 2004/2005; (2) review the industry sectors
identified for further investigation; and (3) identify information
collection activities and analyses EPA anticipates completing for the
final Plan. EPA will not record the meeting for the record supporting
this action. Individuals wishing to comment on the preliminary Effluent
Guidelines Program Plan for 2004/2005 would need to submit written
comments as described in section I.C. in order for EPA to consider
their comments in finalizing the plan.
If you need special accommodations at this meeting, including
wheelchair access or special audio-visual support needs, you should
contact Ms. Harrigan at least five business days prior to the meeting
so that we can make appropriate arrangements. For those unable to
attend the meeting, a copy of the presentation and meeting materials
will be posted on the EPA Dockets Web site at: http://www.epa.gov/edocket/ and EPA's Effluent Guidelines Planning Web site at: http://
http://www.epa.gov/guide/plan.html.
Please note that parking is very limited in downtown Washington,
and we recommend you use public transit. The EPA Headquarters complex
is located near the Federal Triangle Metro station. Upon exiting the
Metro station, walk east to 12th Street. On 12th Street, walk south to
Constitution Avenue. At the corner, turn right onto Constitution Avenue
and proceed to the EPA East Building entrance.
II. Legal Authority
Today's notice is published under the authority of section 304(m)
of the CWA, 33 U.S.C. 1314(m).
III. What Are Effluent Guidelines?
The CWA directs EPA to promulgate effluent limitations guidelines
and standards that, for most pollutants, reflect the level of pollutant
control that is achievable by the best available technologies
economically achievable for categories or subcategories of industrial
point sources. See CWA sections 301(b)(2), 304(b), 306, 307(b), and
307(c). For point sources that introduce pollutants directly into the
waters of the United States (direct dischargers), the limitations and
standards promulgated by EPA are implemented through National Pollutant
Discharge Elimination System (NPDES) permits. See CWA sections 301(a),
301(b), and 402. For sources that discharge to POTWs (indirect
dischargers), EPA promulgates pretreatment standards that apply
directly to those sources and are enforced by POTWs and State and
Federal authorities. See CWA sections 307(b) and (c).
[[Page 75518]]
A. Best Practicable Control Technology Currently Available (BPT)--
Section 304(b)(1) of the CWA
EPA defines Best Practicable Control Technology Currently Available
(BPT) effluent limitations for conventional, toxic, and non-
conventional pollutants. Section 304(a)(4) designates the following as
conventional pollutants: biochemical oxygen demand (BOD5), total
suspended solids, fecal coliform, pH, and any additional pollutants
defined by the Administrator as conventional. The Administrator
designated oil and grease as an additional conventional pollutant on
July 30, 1979 (see 44 FR 44501). EPA has identified 65 pollutants and
classes of pollutants as toxic pollutants, of which 126 specific
substances have been designated priority toxic pollutants (see Appendix
A to part 403, reprinted after 40 CFR 423.17). All other pollutants are
considered to be non-conventional.
In specifying BPT, EPA looks at a number of factors. EPA first
considers the total cost of applying the control technology in relation
to the effluent reduction benefits. The Agency also considers the age
of the equipment and facilities, the processes employed and any
required process changes, engineering aspects of the control
technologies, non-water quality environmental impacts (including energy
requirements), and such other factors as the EPA Administrator deems
appropriate. See CWA section 304(b)(1)(B). Traditionally, EPA
establishes BPT effluent limitations based on the average of the best
performances of facilities within the industry of various ages, sizes,
processes or other common characteristics. Where existing performance
is uniformly inadequate, BPT may reflect higher levels of control than
currently in place in an industrial category if the Agency determines
that the technology can be practically applied.
B. Best Conventional Pollutant Control Technology (BCT)--Section
304(b)(4) of the CWA
The 1977 amendments to the CWA required EPA to identify effluent
reduction levels for conventional pollutants associated with Best
Conventional Pollutant Control Technology (BCT) for discharges from
existing industrial point sources. In addition to the other factors
specified in section 304(b)(4)(B), the CWA requires that EPA establish
BCT limitations after consideration of a two part ``cost-
reasonableness'' test. EPA explained its methodology for the
development of BCT limitations in July 9, 1986 (51 FR 24974).
C. Best Available Technology Economically Achievable (BAT)--Section
304(b)(2) of the CWA
In general, Best Available Technology Economically Achievable (BAT)
effluent limitations guidelines represent the best available
economically achievable performance of plants in the industrial
subcategory or category. The factors considered in assessing BAT
include the cost of achieving BAT effluent reductions, the age of
equipment and facilities involved, the process employed, potential
process changes, non-water quality environmental impacts, including
energy requirements, and other such factors as the EPA Administrator
deems appropriate. The Agency retains considerable discretion in
assigning the weight EPA accords to these factors. BAT limitations may
be based on effluent reductions attainable through changes in a
facility's processes and operations. Where existing performance is
uniformly inadequate, BAT may reflect a higher level of performance
than is currently being achieved within a particular subcategory based
on technology transferred from a different subcategory or category. BAT
may be based upon process changes or internal controls, even when these
technologies are not common industry practice.
D. New Source Performance Standards (NSPS)--Section 306 of the CWA
New Source Performance Standards (NSPS) reflect effluent reductions
that are achievable based on the best available demonstrated control
technology. New sources have the opportunity to install the best and
most efficient production processes and wastewater treatment
technologies. As a result, NSPS should represent the most stringent
controls attainable through the application of the best available
demonstrated control technology for all pollutants (i.e., conventional,
non-conventional, and priority pollutants). In establishing NSPS, EPA
is directed to take into consideration the cost of achieving the
effluent reduction and any non-water quality environmental impacts and
energy requirements.
E. Pretreatment Standards for Existing Sources (PSES)--Section 307(b)
of the CWA
Pretreatment Standards for Existing Sources (PSES) are designed to
prevent the discharge of pollutants that pass through, interfere with,
or are otherwise incompatible with the operation of publicly-owned
treatment works (POTWs), including sludge disposal methods at POTWs.
Pretreatment standards for existing sources are technology-based and
are analogous to BAT effluent limitations guidelines.
The General Pretreatment Regulations, which set forth the framework
for the implementation of national pretreatment standards, are found at
40 CFR part 403.
F. Pretreatment Standards for New Sources (PSNS)--Section 307(c) of the
CWA
Like PSES, Pretreatment Standards for New Sources (PSNS) are
designed to prevent the discharges of pollutants that pass through,
interfere with, or are otherwise incompatible with the operation of
POTWs. PSNS are to be issued at the same time as NSPS. New indirect
dischargers have the opportunity to incorporate into their plants the
best available demonstrated technologies. The Agency considers the same
factors in promulgating PSNS as it considers in promulgating NSPS.
IV. What Requirements Apply to This Effluent Guidelines Program Plan
Effort?
Section 304(m) requires EPA to publish a plan every two years
containing three elements. First, EPA must establish a schedule for the
annual review and revision of existing effluent guidelines in
accordance with section 304(b). See CWA section 304(m)(1)(A). Section
304(b) specifies factors that EPA must consider when deciding whether
to establish or revise effluent guidelines for existing direct
dischargers and requires EPA to revise such regulations as appropriate.
Second, EPA must identify categories of sources discharging toxic or
non-conventional pollutants for which EPA has not published effluent
limitations guidelines under section 304(b)(2) or NSPS under section
306. See CWA section 304(m)(1)(B). Finally, EPA must establish a
schedule for promulgating effluent guidelines for industrial categories
for which it has not already established such guidelines. The statute
requires final action on such rulemaking not later than three years
after the industrial category is identified in the Effluent Guidelines
Program Plan. See CWA section 304(m)(1)(C). EPA is required to publish
its Effluent Guidelines Program Plan for public comment prior to taking
final action on the plan. See CWA section 304(m)(2).
The Effluent Guidelines Program Plan for 2004/2005 is intended to
implement these statutory requirements. As part of the Effluent
Guidelines Program Plan under CWA section 304(m), EPA
[[Page 75519]]
reviews existing limitations and standards for direct dischargers. In
the course of this review EPA also reviews indirect dischargers in an
industrial point source category when the industrial point source
category is composed of both direct and indirect dischargers. For
industrial point source categories that are entirely or almost entirely
composed of indirect dischargers, EPA reviews, revises, and establishes
pretreatment standards under a separate planning process, which is
described in section 304(g) of the CWA.
Certain elements of EPA's current work on effluent guidelines
continue to be governed by a Consent Decree. On October 30, 1989, the
Natural Resources Defense Council, Inc., and Public Citizen, Inc.,
filed an action against EPA in which they alleged, among other things,
that EPA had failed to comply with CWA section 304(m). Plaintiffs and
EPA agreed to a settlement of that action in a Consent Decree entered
on January 31, 1992. The Consent Decree, which has been modified
several times, established a schedule for proposal and final action for
eleven point source categories identified by name and for eight other
point source categories identified only as new or revised rules. The
Decree also established deadlines for EPA to complete studies of eight
identified and three unidentified point source categories and required
EPA to consider the results of those studies when identifying point
source categories for possible new or revised effluent guidelines.
The last date for EPA action under the modified Decree is June 30,
2004. Table IV-1 identifies the new or revised effluent guidelines
currently under development under the Decree and the schedules for
final action.
Table IV-1.--Effluent Guidelines Governed by Current Consent Decree
------------------------------------------------------------------------
Federal Register
Category \1\ (EPA web sites) proposal citation Final action
(date) date
------------------------------------------------------------------------
Meat Products (http://epa.gov/guide/ 67 FR 8581 (Feb. 02/26/04
mpp/). 25, 2002).
Construction and Development (http:/ 67 FR 42644 (June 03/31/04
/epa.gov/guide/construction/). 24, 2002).
Aquatic Animal Production (http:// 67 FR 57872 (Sept. 06/30/04
epa.gov/guide/aquaculture/). 12, 2002).
------------------------------------------------------------------------
\1\ Note: EPA has proposed to add parts 450 and 451 to title 40 of the
Code of Federal Regulations. EPA has proposed to change the title of
40 CFR 432 from ``Meat Products'' to ``Meat and Poultry Products.''
The preliminary Effluent Guidelines Program Plan for 2004/2005
(``304(m) Plan'' or ``Plan'') is a key step in developing the final
plan. It represents a considerable effort by the Agency to implement a
planning process that considers the hazards or risks to human health
and the environment from industrial point source categories. It
reflects a lengthy outreach effort to involve stakeholders in the
planning process. It also reflects EPA's initial screening-level
estimates of hazard or risk, which EPA examined for the purpose of
identifying industrial point source categories. EPA will use these
estimates to decide if new or revised guidelines are appropriate. In
preparing this preliminary plan, EPA also considered the structure of
specific industries and the availability of economically achievable
technology that will reduce the identified hazard or risk. EPA will
complete these analyses prior to publishing the final Effluent
Guidelines Program Plan for 2004/2005.
V. What Is the Purpose of Today's Federal Register Notice?
Today's Federal Register notice has three purposes. First, it
presents the results of EPA's annual review of the effluent guidelines
that EPA has promulgated under CWA section 304(b). Second, it solicits
public comment on the preliminary effluent guidelines plan as required
by section 304(m)(2) of the CWA. Third, it describes and solicits
comment on the analytical framework that EPA has employed to date in
performing the annual review for 2003 and in developing today's
preliminary Effluent Guidelines Program Plan. EPA articulated an early
form of this evolving analytical framework in the draft Strategy for
National Clean Water Industrial Regulations (``draft Strategy''), which
EPA hopes to finalize concurrently with the Effluent Guidelines Program
Plan in 2004.
VI. 2003 Annual Review of Effluent Guidelines That EPA Has Promulgated
Under CWA Section 304(b)
As noted in section IV, the CWA requires EPA to publish a plan
every two years that establishes a schedule for the annual review of
the effluent guidelines that EPA has promulgated under CWA section
304(b). In today's Federal Register notice, EPA proposes a schedule
whereby EPA would perform its annual review under CWA section
304(m)(1)(A) in concert with its efforts to identify industrial
categories for new or revised effluent guidelines. In other words, in
odd-numbered years, EPA would coordinate its annual review with the
preliminary Effluent Guidelines Program Plan that EPA must publish for
public review and comment under CWA section 304(m)(2). In even-numbered
years, EPA would coordinate its annual review with its publication of
the final plan.
EPA proposes this schedule for several reasons. First, the annual
review is inextricably linked to the planning effort, because the
results of each annual review inform the content of the proposed and
final Effluent Guidelines Program Plans. Second, publishing the results
of each annual review (including a description of the review process
employed) at the same time EPA publishes proposed and final plans makes
both processes more transparent. Third, by requiring EPA to review all
existing effluent guidelines each year, we assume that Congress
intended that each successive review would build upon the results of
earlier reviews. Therefore, by publishing the results of the 2003
annual review here, EPA hopes to receive data and information that will
inform its review for 2004 and the future. In addition, EPA hopes that
publishing the 2003 annual review will prompt comments not only on the
content of that review but also on the processes and factors we used in
performing it. EPA may decide to change that process as a result of
comments on today's notice.
As part of its 2003 annual review, EPA also reviewed the NSPS
promulgated by EPA under CWA section 306 and pretreatment standards
promulgated under CWA sections 307(b) and 307(c), although it was not
required under CWA section 304(m)(1)(A) to do so.
[[Page 75520]]
A. What Process and Rationale Did EPA Use To Review Effluent Guidelines
That EPA Has Promulgated Under CWA Section 304(b)?
1. What Is an Existing Set of Effluent Guidelines for Purposes of EPA's
Annual Review Under Section 304(m)(1)(A)?
EPA's annual review obligation under section 304(m)(1)(A) applies
to ``promulgated effluent guidelines.'' Because this subparagraph
refers specifically to section 304(b), EPA interprets this to refer to
Best Available Technology (BAT), Best Practicable Technology (BPT) and
Best Conventional Pollutant Control Technology (BCT) effluent
limitations guidelines codified at 40 CFR parts 405-471 (representing a
total of 55 categories and over 450 subcategories). As discussed in
more detail in section VI.A.2, EPA used pollutant loading,
technological, economic, and other factors required by the CWA to
consider whether it is appropriate to revise the specific limitations
codified in each set of effluent guidelines.
EPA also examined the processes and operations forming the basis of
each subcategory for which EPA had already promulgated effluent
guidelines in order to decide whether it might be appropriate to
address (through new subcategories) other industrial activities that
are similar in terms of type of operations performed, wastewaters
generated, and available pollution prevention and treatment options.
Issues associated with new subcategories very often are interwoven with
the structure and requirements of the existing regulation. A previous
example where EPA addressed industrial operations not currently
regulated by existing effluent guidelines by establishing new
subcategories under an existing category is the agricultural refilling
establishments subcategory (subpart E) that EPA added to the Pesticide
Chemicals point source category (40 CFR part 455) (November 6, 1996; 61
FR 57518).
EPA's annual review of existing effluent guidelines also focused on
identifying pollutants that are not regulated by existing effluent
guidelines but that comprise a significant portion of the hazard or
risk estimate for the industrial point source categories. EPA believes
that it is reasonable to consider new pollutants for regulation in the
course of reviewing existing effluent guidelines under CWA section
304(m)(1)(A). EPA has several reasons for this. First, a newly
identified pollutant might be adequately addressed through the
additional control of regulated pollutants in an existing set of
effluent guidelines. In some cases, revising existing limitations for
one set of pollutants will address hazards or risks associated with a
newly identified pollutant. Second, EPA believes it is necessary to
understand the effectiveness (or ineffectiveness) of existing effluent
guidelines in controlling newly identified pollutants before EPA can
identify potential technology-based control options for these
pollutants. For example, EPA revised existing effluent guidelines for
the Oil and Gas Extraction point source category (40 CFR part 435) to
address new pollutants that resulted from a new pollution prevention
technology (synthetic-based drilling fluids). See 66 FR 6850 (January
22, 2001). Similarly, EPA revised BAT limitations for the bleached
papergrade kraft and soda and papergrade sulfite subcategories within
the Pulp and Paper industrial point source category in 1998 to include
for the first time effluent guidelines for dioxin. Third, the
regulatory organization of subcategories in an existing guidelines also
has a bearing on the identification of pollutants for regulation.
In short, EPA believes that the appropriateness of creating a new
subcategory or addressing a newly identified pollutant is best
considered in the context of revising an existing set of effluent
guidelines as a whole. Accordingly, EPA is performing these analyses as
part of the Agency's responsibilities under CWA section 304(m)(1)(A).
2. What Factors Did EPA Consider When Performing its 2003 Annual Review
of Existing Guidelines?
The starting point of EPA's analysis is CWA section 301(b)(2)(A),
which requires dischargers to achieve effluent limitations that reflect
the ``best available technology economically achievable,'' as
identified by the Administrator under the authority of CWA section
304(b)(2). Section 304(b), in turn, requires EPA to consider many
factors in identifying BAT. These are discussed in section III.C.
Because CWA section 304(m)(1)(A) requires EPA to review promulgated
guidelines in accordance with CWA section 304(b), EPA interprets the
statute to authorize EPA to employ the same factors for its annual
review that it would consider in selecting BAT in a rulemaking context.
EPA believes that this is a reasonable approach because the outcome of
EPA's annual review is a decision--expressed in the final Effluent
Guidelines Program Plan--identifying those effluent guidelines for
possible revision.
By using the statutory factors in section 304(b) and section
301(b)(2)(A) as the framework for its annual review of existing
guidelines, EPA can begin its investigation with a variety of
technological, economic, and environmental issues associated with
industrial categories that ultimately will help determine the need for,
or scope of, a revised effluent guideline. In the draft Strategy for
National Clean Water Industrial Regulations, EPA identified four major
factors--based on section 304(b)--that the Agency would examine, in the
course of its annual review, to determine whether it would be necessary
and appropriate to revise an existing set of effluent guidelines, or
whether to develop a new set of effluent guidelines for a newly
identified industrial category.
The first factor (referred to in this notice as ``Factor 1'') is
consideration of the extent to which the pollutants remaining in an
industrial category's discharge pose a hazard or risk to human health
or the environment. The second factor (referred to in this notice as
``Factor 2'') is identification of an applicable and demonstrated
technology, process change, or pollution prevention alternative that
can effectively reduce the pollutants remaining in the industrial
category's wastewaters and thereby substantially reduce the hazard or
risk to human health or the environment associated with these pollutant
discharges.
The third factor (referred to in this notice as ``Factor 3'')
encompasses the cost, performance, and affordability of the technology,
process change, or pollution prevention measures identified using the
second factor. If the financial condition of the industry indicates
significant difficulties in achieving the reductions, EPA would be
reluctant to select the effluent guidelines for revision because there
is a significant probability that EPA might ultimately determine that
standards based on the new technology, process change, or pollution
prevention measures were not ``economically achievable,'' as required
by the CWA. Agency resources would be more effectively spent developing
more efficient, less costly approaches to reducing pollutant loadings
that would better satisfy applicable statutory requirements.
The fourth factor (referred to in this notice as ``Factor 4'')
incorporates implementation and efficiency considerations and
recommendations from stakeholders. Here, EPA considers opportunities to
eliminate inefficiencies or impediments to pollution prevention or
technological innovation, or
[[Page 75521]]
opportunities to promote innovative approaches such as water quality
trading, including within-plant trading. For example, industry
requested in comments on the Offshore and Coastal effluent guidelines
rulemakings that EPA specifically set standards for a new pollution
prevention technology (synthetic-based drilling fluids). EPA
promulgated these revision on January 22, 2001 (66 FR 6850). This
factor might also prompt EPA to decide in a particular Plan against
scheduling an existing effluent guideline for revision where the
pollutant source is already efficiently addressed by another regulatory
program or by non-regulatory programs.
EPA also considered stakeholder recommendations for guideline
development or revision even when they did not raise issues associated
with implementation or efficiency considerations. In evaluating those
recommendations, EPA considered the extent to which the pollutants in
an industrial category's discharge pose a hazard or risk to human
health or the environment (see Factor 1). EPA also considered whether
the industrial sectors recommended by stakeholders are potentially
subject to the Effluent Guidelines Program.
In the course of performing its annual review for 2003, EPA
evaluated where possible publicly available Agency databases and
reports that contain nationwide information on an industry basis, but
became aware of data quality and limitations in evaluating this
information. EPA learned that it lacked sufficient data and information
to consider the four factors for the industrial categories for which
EPA has promulgated effluent guidelines under CWA section 304(b) in the
exact manner and sequence described in the draft Strategy. For example,
EPA found that it was much more difficult than anticipated to gather
the data needed to perform a meaningful screening-level analysis of the
availability of treatment or process technologies that might reduce
hazard or risk beyond the performance of technologies in place at
facilities in 55 industrial categories. Similarly, EPA could not
identify a suitable screening-level tool for evaluating the economic
affordability of treatment or process technologies because the universe
of facilities is too broad and complex. Furthermore, EPA could not find
a reasonable way to prioritize industries for the Effluent Guidelines
Program Plan based on a broad economic profile. Consequently, for its
2003 review, EPA focused its efforts on collecting and analyzing
screening-level data to identify industrial categories whose pollutant
discharges potentially pose the greatest hazards or risks to human
health and the environment because of their toxicity. EPA also
considered efficiency and implementation issues. As described in
section VII, EPA will conduct detailed studies, as part of its 2004
annual review, to evaluate economic and technology issues for
industrial categories with discharges that EPA believes offer the most
significant opportunities for reducing risks or hazards. EPA will also
continue to collect and analyze data on other industries whose
discharges potentially pose high risks or hazards. See sections VII.B
and C.
In order to focus its inquiry during the 2003 annual review, EPA
excluded categories for which EPA had promulgated effluent guidelines
within the past seven years. EPA chose seven years because of the time
it takes for effluent guidelines to be incorporated as enforceable
effluent limitations into NPDES permits when they are renewed, which
could be up to five years after the effluent guidelines are
promulgated. This time period also allows for the pollutant reductions
associated with recently-promulgated guidelines to be reflected in
discharge monitoring data and Toxics Release Inventory (TRI) reports,
so that the Agency can assess the potential for remaining risks or
hazards. (In cases where EPA is aware of the growth of a new segment
within a category for which EPA had recently revised effluent
guidelines, or where new concerns are identified for pollutants
discharged by facilities within the industrial category, EPA may decide
not to exclude the category from review, but EPA identified no such
instance during the 2003 review.) EPA also excluded categories with
guideline revisions currently underway.
EPA also excluded industry categories addressed by other Clean
Water Act provisions. For example, some stakeholders urged EPA to
identify municipal storm water discharges for effluent limitation
guidelines; however, these discharges are addressed under CWA section
402(p). Similarly, technology-based standards for publicly-owned
treatment works (POTWs) are addressed under sections 301(b)(1)(B) and
304(d).
Commenters also identified discharges from ocean going vessels
(cruise ships, ballast and bilge water) as a possible candidate for an
effluent guidelines rulemaking. However, discharges of ballast water
from vessels are not subject to CWA permitting requirements. See 68 FR
53165 (September 9, 2003). Under EPA's regulations at 40 CFR 122.3(a),
discharges from properly functioning marine engines (i.e., bilge
water), laundry, shower, and galley sink wastes, and other discharges
incidental to the normal operation of a vessel do not require NPDES
permit authorization unless the vessel is operating in a capacity other
than as a means of transportation. Finally, discharges of sewage from
vessels, are regulated under CWA section 312. None of these discharges
requires NPDES permits under section 402 and, therefore, none are
subject to BAT limitations or NSPS. Although EPA is currently
considering a citizen petition seeking detailed consideration of cruise
ship discharges and, if necessary, rulemaking to regulate such
discharges, EPA has not yet decided whether (and if so, which) cruise
ship discharges should be regulated under NPDES permits. In addition,
recently-enacted, free standing legislation--not the CWA--imposes
discharges limitations on black water (i.e., sewage) and gray water
(i.e., laundry, shower, and galley sink wastes) for cruise ships
operating in certain Alaskan waters.
EPA also excluded from consideration in its 2003 review: (1)
Industries composed entirely or almost exclusively of indirect
dischargers (e.g., dental facilities), because the facilities are not
subject to effluent guidelines under CWA section 304(b)(2); and (2)
industries where the estimated hazard or risk was unclear and more data
were needed to determine its magnitude. For the latter group, EPA
intends to collect additional information for the next biennial Plan.
EPA also did not identify industries where the vast majority of the
estimated hazard or risk was limited to only one or a few facilities,
because EPA believes that in such cases permit writing support to the
States might better address the environmental problem. In judging
whether support to permit writers would more effectively address a
hazard or risk than national rulemaking, EPA will consider the number
of facilities, their geographic location and other relevant factors.)
EPA would assist in identifying control technologies and the effluent
limitations based on best professional judgment (BPJ) on a facility-
specific basis. EPA will evaluate this decision criterion based on the
information available at the time of each annual review. By using this
multi-layered screening approach, the Agency concentrated its resources
on those categories that posed the greatest hazard or risk (based on
best available data), while deferring consideration of industrial point
source
[[Page 75522]]
categories that the Agency believes are not good candidates for
effluent guidelines establishment or revision during this planning
cycle.
As part of this year's review, EPA considered excluding from
additional review industrial categories that have demonstrated that
they are making significant progress through voluntary efforts to
reduce hazard or risk to human health and the environment associated
with their discharges. EPA agrees with stakeholders who have stated
that voluntary efforts should be encouraged and rewarded, especially
where voluntary reductions have been widely adopted within an industry
and have led to significant reductions in pollutant discharges. EPA
could not complete a systematic review of voluntary pollutant loading
reductions during this annual review. However, a successful voluntary
program would produce significant reductions in pollutant discharges,
which in turn would be reflected in discharge monitoring and TRI data
that EPA used to assess the potential hazard or risk associated with
pollutant discharges.
For a number of the industries that appeared to offer the greatest
potential for reducing hazard or risk to human health or the
environment, EPA attempted to gather and analyze additional data prior
to commencing detailed and costly economic and technology studies. EPA
examined: (1) The pollutants driving the hazard or risk estimates; (2)
the geographic distribution of facilities in the industry; (3) any
discharge trends within the industry; and (4) possible links between
industrial point source discharges and impaired waterbodies identified
by EPA, States, and Tribal governments under CWA section 303(d). EPA
also performed limited quality assurance checks on the data used to
develop hazard or risk estimates (e.g., verifying data reported to TRI
and the Permit Compliance System) to determine if any of the hazard or
risk estimates relied on incorrect or suspect data. To the extent
possible, EPA also considered the efficiency of existing treatment and
any applicable and demonstrated technology, process change, or
pollution prevention alternatives that could effectively reduce the
pollutants remaining in the industry category's wastewaters.
Performance of this screening level analysis constitutes EPA's
annual review for 2003.
3. What Was the Outcome of the Annual Review for 2003?
As a result of its 2003 annual review, EPA identified two
industrial categories for detailed investigation in its 2004 annual
review: Organic Chemicals, Plastics, and Synthetic Fibers (part 414);
and Petroleum Refining (part 419). During detailed investigation of
these categories, EPA hopes to perform a more in-depth analysis of
technology innovation and process changes in these industrial
categories, as well as an analysis of technology cost and
affordability. EPA will also consider whether new subcategories are
needed for either of these categories. The purpose of the detailed
investigation is to determine whether, in the final Effluent Guidelines
Program Plan for 2004/2005, EPA should identify one or both of these
industrial categories for possible revision of their existing effluent
guidelines. Based on the information available to EPA at this time, EPA
is not proposing to make such an identification. However, EPA will
examine the results of its 2004 annual review, which it intends to
conclude prior to publishing the final Effluent Guidelines Program Plan
for 2004/2005, and will make a final decision on this matter as part of
its final Plan. EPA requests comment and supporting data on whether it
should identify either or both of these industrial categories for
possible effluent guidelines rulemakings in the final Effluent
Guidelines Program Plan for 2004/2005.
At that time or shortly thereafter, EPA would make available for
public comment the data and information underlying any decision to
identify for possible revision the guidelines for one or both of these
industrial categories. EPA would then consider the public comments as
part of its 2005 annual review. EPA emphasizes that a decision in the
Effluent Guidelines Program Plan for 2004/2005 to identify one or both
guidelines for possible revision does not in any way constitute a final
decision to revise the guideline or guidelines. EPA would make any such
effluent guidelines revisions--supported by an administrative record
following an opportunity for public comment--only in connection with a
formal rulemaking process pursuant to a schedule announced in that or a
future Effluent Guidelines Program Plan.
If EPA decides to identify one or both of the guidelines for these
industrial categories for possible revision in its final Effluent
Guidelines Program Plan for 2004/2005, EPA would expect to announce in
that plan that EPA would start the rulemaking process in the Summer of
2004. The rulemaking schedule itself would depend on a number of
factors including the complexity of the industry and the availability
of the data needed to support the development of a proposal. In
addition, if EPA were to select both of these industrial categories for
effluent guidelines rulemakings, EPA would likely stagger the start
dates of the rulemakings in order to ensure that Agency resources are
used most effectively. In proposing the next Effluent Guidelines
Program Plan, EPA would review these schedules and its progress to
date. At that time, EPA could also determine, based on more in-depth
data gathering and analyses, particularly with respect to Factors 2 and
3, that revisions to the effluent guidelines for one or both industrial
categories were not warranted (i.e., that the existing guidelines
remain appropriate in light of applicable statutory factors). See
section VII.A for additional information on the status of EPA's
investigation of these industries.
EPA also identified potentially high risks or hazards associated
with discharges from two other industrial categories: Inorganic
Chemicals (part 415) and Nonferrous Metals Manufacturing (part 421).
However, the Agency identified data gaps or issues that made these
industries a lower priority than organic chemicals and petroleum
refining. EPA does not have enough information at this time to
determine whether there is a hazard or risk warranting a detailed
review of these industries for potential guideline revision and does
not anticipate identifying these effluent guidelines for revision in
the final 2004/2005 Effluent Guidelines Program Plan. See section VII.B
for additional information on the status of EPA's investigation of
these industrial point source categories.
EPA identified seven other industrial point source categories with
relatively high estimates of potential hazard or risk, but also
identified significant data gaps or issues affecting the Agency's
estimates of these hazards or risks. EPA will continue to collect and
analyze information on these seven industrial categories but will
assign a higher priority to investigating the organic chemicals,
petroleum refining, inorganic chemicals and nonferrous metals
manufacturing industrial categories. EPA does not anticipate
identifying any of these seven industries for revision of an effluent
guideline in the final Effluent Guidelines Program Plan for 2004/2005.
See section VII.C.
EPA's Regional Offices and stakeholders identified nine other
industrial point source categories as potential candidates for effluent
guideline revision based on potential opportunities to improve
efficient implementation of the national water quality program or
because their
[[Page 75523]]
discharges may contribute to water quality problems. EPA evaluated
these industrial point source categories and, based on available data,
did not identify hazard or risks that appear to warrant effluent
guideline revision. EPA does not anticipate identifying any of these
nine industries for revision of an effluent guideline in the final
Effluent Guidelines Program Plan for 2004/2005. See section VII.C.
The outcome of the 2003 annual review is presented in Table VI-1.
The table identifies some of the information considered by EPA during
this annual review, including whether the industry was mentioned at
least once during stakeholder and EPA Regional outreach efforts, and
where the industry ranks in terms of hazard in units of toxic-weighted
pounds equivalent (TWPE) using TRI and PCS data. It also indicates
whether EPA is identifying the particular industrial category for
further investigation during the 2004 annual review (leading to a
possible decision in the final Effluent Guidelines Program Plan for
2004/2005 to identify that category for rulemaking). A ``No'' in this
column means that EPA does not plan to conduct a detailed study for
this industry prior to publication of the final Effluent Guidelines
Program Plan for 2004/2005. It also means that EPA does not plan to
select this industry for effluent guidelines revisions for the final
Effluent Guidelines Program Plan for 2004/2005. Finally, EPA used a set
of rationales for making industry specific decisions for the
preliminary Effluent Guidelines Program Plan for 2004/2005. Table VI-1
uses the following codes to describe the rationales for the Agency's
industry specific decisions:
(1) Effluent guidelines for this industry were recently revised or
rulemaking is underway.
(2) EPA will consider whether to provide region-, State-, or
facility-specific permit support for this industry.
(3) Not identified as a hazard or risk priority.
(4) Incomplete data available for analysis: Need to collect more
information for the next biennial plan.
(5) EPA will consider whether to develop guidance in order to
clarify existing permitting requirements.
(6) All or nearly all sources engaged in this industrial activity
are indirect dischargers.
Table VI-1.--Industries Covered by Existing Effluent Guidelines (Promulgated Under Section 304(b))
--------------------------------------------------------------------------------------------------------------------------------------------------------
Conduct detailed
Industry category 40 CFR Suggested in TRI rank PCS rank investigation of
No. (listed part \1\ stakeholder \2\ \2\ industry for 2004/ Rationale
alphabetically) outreach? (Yes/No) 2005 plan? (Yes/No)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............... Aluminum Forming. 467 No.................. 25 18 No.................. (3)
2............... Aquatic Animal 451 Yes................. N/A 45 No.................. (1)
Production
Industry.
3............... Asbestos 427 No.................. 51 N/A No.................. (3)
Manufacturing.
4............... Battery 461 Yes................. 36 48 No.................. (3)
Manufacturing.
5............... Canned and 407 Yes................. 29 38 No.................. (4)
Preserved Fruits
and Vegetable
Processing.
6............... Canned and 408 Yes................. 49 26 No.................. (4)
Preserved
Seafood
Processing.
7............... Carbon Black 458 No.................. N/A N/A No.................. (3)
Manufacturing.
8............... Cement 411 No.................. 33 29 No.................. (3)
Manufacturing.
9............... Centralized Waste 437 No.................. N/A N/A No.................. (1)
Treatment.
10.............. Coal Mining...... 434 Yes................. 26 39 No.................. (1) and (4).
11.............. Coil Coating..... 465 Yes................. 32 N/A No.................. (4)
12.............. Concentrated 412 No.................. N/A N/A No.................. (1)
Animal Feeding
Operations
(CAFO).
13.............. Construction and 450 Yes................. N/A N/A No.................. (1)
Development.
14.............. Copper Forming... 468 No.................. 28 34 No.................. (3)
15.............. Dairy Products 405 Yes................. 37 47 No.................. (4)
Processing.
16.............. Electrical and 469 Yes................. 34 23 No.................. (4)
Electronic
Components.
17.............. Electroplating... 413 Yes................. 23 27 No.................. (1)
18.............. Explosives 457 No.................. 41 35 No.................. (3)
Manufacturing.
19.............. Ferroalloy 424 No.................. 27 31 No.................. (3)
Manufacturing.
20.............. Fertilizer 418 Yes................. 20 17 No.................. (4)
Manufacturing.
21.............. Glass 426 No.................. 38 48 No.................. (3)
Manufacturing.
22.............. Grain Mills...... 406 No.................. 35 42 No.................. (3)
23.............. Gum and Wood 454 No.................. 46 21 No.................. (3)
Chemicals.
24.............. Hospitals........ 460 Yes................. 40 46 No.................. (6)
25.............. Ink Formulating.. 447 No.................. 45 N/A No.................. (3)
26.............. Inorganic 415 Yes................. 12 7 No.................. See section VII.B.1.
Chemicals
Manufacturing.
[[Page 75524]]
27.............. Iron and Steel 420 No.................. 6 5 No.................. (1)
Manufacturing.
28.............. Landfills........ 445 No.................. 9 12 No.................. (1)
29.............. Leather Tanning 425 No.................. 24 36 No.................. (3)
and Finishing.
30.............. Meat Products.... 432 Yes................. 30 25 No.................. (1)
31.............. Metal Finishing.. 433 Yes................. 11 8 No.................. (1)
32.............. Metal Molding and 464 Yes................. 22 33 No.................. (4) and (5).
Casting.
33.............. Metal Products 438 Yes................. 47 15 No.................. (1)
and Machinery.
34.............. Mineral Mining 436 Yes................. 52 22 No.................. (4)
and Processing.
35.............. Nonferrous Metals 471 No.................. 16 30 No.................. (3)
Forming and
Metal Powders.
36.............. Nonferrous Metals 421 No.................. 8 9 No.................. See section VII.B.2.
Manufacturing.
37.............. Oil and Gas 435 No.................. 50 43 No.................. (1) and (4).
Extraction.
38.............. Ore Mining and 440 Yes................. 21 10 No.................. (4)
Dressing.
39.............. Organic 414 Yes................. 1 4 Yes................. See section VII.A.1.
Chemicals,
Plastics and
Synthetic Fibers.
40.............. Paint Formulating 446 No.................. N/A N/A No.................. (3)
41.............. Paving and 443 No.................. 48 41 No.................. (3)
Roofing
Materials (Tars
and Asphalt).
42.............. Pesticide 455 No.................. 31 16 No.................. (3)
Chemicals.
43.............. Petroleum 419 Yes................. 4 14 Yes................. See section VII.A.2.
Refining.
44.............. Pharmaceutical 439 No.................. 17 24 No.................. (1)
Manufacturing.
45.............. Phosphate 422 No.................. 44 6 No.................. (4)
Manufacturing.
46.............. Photographic..... 459 No.................. N/A 48 No.................. (3)
47.............. Plastic Molding 463 No.................. 15 37 No.................. (3)
and Forming.
48.............. Porcelain 466 No.................. 18 20 No.................. (3)
Enameling.
49.............. Pulp and Paper 430 Yes................. 3 3 No.................. (1)
Subparts B & E
(Phase I).
50.............. Pulp and Paper 430 Yes................. 7 19 No.................. (4)
Subparts C and F
through L (Phase
II).
51.............. Pulp and Paper 430 Yes................. 30 25 No.................. (2)
Subparts A & D
(Phase III).
52.............. Rubber 428 No.................. 14 32 No.................. (3)
Manufacturing.
53.............. Soaps and 417 No.................. 42 44 No.................. (3)
Detergents
Manufacturing.
54.............. Steam Electric 423 Yes................. 5 1 No.................. (4)
Power Generation.
55.............. Sugar Processing. 409 No.................. 43 28 No.................. (3)
56.............. Textile Mills.... 410 Yes................. 19 11 No.................. (4)
57.............. Timber Products 429 Yes................. 2 40 No.................. (4)
Processing.
58.............. Transportation 442 Yes................. N/A N/A No.................. (1) and (6).
Equipment
Cleaning.
59.............. Waste Combustors. 444 No.................. 9 12 No.................. (1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Note: EPA has proposed to add parts 450 and 451 to title 40 of the Code of Federal Regulations. EPA has proposed to change the title of 40 CFR 432
from ``Meat Products'' to ``Meat and Poultry Products.''
\2\ Note: These rankings are based on the toxic-weighted pounds equivalent (TWPE) associated with their toxic or non-conventional pollutant discharges
reported to TRI or PCS. An NA in this column means that data and information were not available for this category.
[[Page 75525]]
B. How Did EPA Estimate Potential Hazards or Risks to Human Health or
the Environment As Part of Its 2003 Annual Review?
The screening-level review of potential hazards or risks to human
health or the environment (EPA's ``Factor 1'' review) focused on using
readily available information to assess the potential hazard or risk
associated with pollutants discharged from industrial point sources.
EPA reviewed such data sources as Agency databases, models, existing
scientific literature, the Gulf Hypoxia Action Plan, and analyses
currently underway on chemical contaminants in the environment. This
included data on pollutant point source discharges, water quality,
environmental impacts (e.g., sediment and fish contamination), and
pathogen impacts. The two major data sources/analyses that formed the
basis of ranking industries for the current Factor 1 analysis are the
Toxics Release Inventory (TRI) and Permit Compliance System (PCS). The
Factor 1 analysis also describes the available data linking water
quality impairments with point sources discharges. EPA focused this
impaired waters analysis on those point source dischargers discharging
the most pounds of toxic and non-conventional pollutants (as estimated
by the initial screening TRI and PCS analyses). Section 2.1 of the
docket contains the complete analysis including descriptions of
additional data sources that may be useful in future planning cycles.
EPA primarily relied on PCS and TRI for estimating pollutant
discharges. EPA believes that the TRI database is a reasonable starting
point for identifying possible hazard or risk concerns as it is a
national database on reported toxic discharges. EPA's Permit Compliance
System (PCS) contains information required by the NPDES Permit Program
for major dischargers across the country.\1\ EPA does not require
States to include data for other dischargers (e.g., minor and indirect
dischargers) in PCS, so little information is available about
industries dominated by minor and indirect dischargers. However, EPA is
primarily concerned with facilities that may discharge high volumes of
polluted wastewaters because these are more likely to pose the greatest
hazard or risk to human health or the environment. PCS is the primary
repository of data used to determine reductions in pollutant loads to
the waters of the United States. Because of its national scope, PCS is
also a reasonable starting point for identifying hazard or risk
concerns, especially when combined with other sources of information.
Finally, the Agency also analyzed the spatial correlation between the
discharge outfalls of regulated facilities that report to PCS and
impaired water bodies listed under section 303(d) of the Clean Water
Act.
---------------------------------------------------------------------------
\1\ A major discharger is any NPDES facility or activity
classified as such by the Regional Administrator, or, in the case of
approved State Programs, the Regional Administrator in conjunction
with the State Director. Major industrial facilities are determined
based on specific ratings criteria developed by EPA and approved
State Programs.
---------------------------------------------------------------------------
We used the TRI and PCS databases as the focus in this round of
analysis because of their nationwide coverage, relative accessability,
ability to link the source with the pollutant discharge, and the
important types of toxic releases that they cover. However, as detailed
in the complete Factor 1 report, the Agency is exploring other avenues
of information that may be added in future planning cycles. These
include, for example, regional resources such as the Gulf Hypoxia
Action Plan (nutrients), various sources related to pathogens,
information that becomes available as the Agency implements its
Endocrine Disruptor Screening Program, and information being developed
in the U.S. Geological Survey's National Water-Quality Assessment
Program.
C. How Did EPA Evaluate Stakeholder Input As Part of Its 2003 Annual
Review?
EPA's planning process for the Effluent Guidelines Program has
historically considered information provided by stakeholders regarding
the need for new or revised effluent guidelines or regarding issues
associated with effluent guidelines implementation and efficiency. For
the 2003 annual review, EPA obtained information from informal
discussions with stakeholder groups with an interest in the Effluent
Guidelines Program and with EPA and state staff charged with
implementing effluent guidelines in NPDES permits, as well as from
public comments submitted to EPA on the draft strategy.
Stakeholders' suggestions played a prominent role in the screening
analyses conducted for the preliminary Effluent Guidelines Program Plan
for 2004/2005. Examples of such sectors include food processing/
preparation industries (nutrients and/or oil and grease); and drinking
water supply and treatment (total suspended solids); and coalbed
methane (total dissolved solids, sodium adsorption ratio).
Results of the formal comment process are presented in this notice
and in the following document: Factor 4 Analysis: Implementation and
Efficiency Considerations--Status of Screening Level Review Phase (DCN
00547, section 2.3). Results of the informal process are described in
today's notice and in the public record, section 2.3. EPA will follow
up with stakeholders, as necessary, for more information on their
recommendations as the planning process continues. EPA hopes that
public review of this and future proposed and final Effluent Guidelines
Program Plans will elicit additional information and suggestions.
Tables VI-2 and VI-3 describe which industry sectors were identified
during the Agency's outreach activities. Table VI-2 uses the same codes
as Table VI-1 to describe the rationales for the Agency's industry
specific decisions. Table VI-3 uses the same codes as Table VIII-1 to
describe the rationales for the Agency's industry specific decisions.
Table VI-2.--Industrial Point Source Categories Currently Regulated by Effluent Guidelines Identified During Outreach
--------------------------------------------------------------------------------------------------------------------------------------------------------
Formal comment process Draft stratey outreach
---------------------------------- Previous ----------------------------------
Industry Comments on Comments on outreach Permitting AMSA and/or Rationale
draft strategy 2002/2003 plan authorities ASWIPCA \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Canned and Preserved Fruits and ............... ............... [bcheck] ............... ............... (3)
Vegetable Processing.
Canned and Preserved Seafood ............... ............... [bcheck] [bcheck] [bcheck] (4)
Processing.
Coal Mining..................... ............... [bcheck] [bcheck] ............... [bcheck] (1) and (4).
[[Page 75526]]
Coil Coating.................... ............... ............... ............ [bcheck] ............... (3)
Dairy Products Processing....... ............... ............... [bcheck] ............... ............... (4)
Electrical and Electronic ............... ............... ............ [bcheck] ............... (4)
Components.
Electroplating.................. [bcheck] ............... ............ ............... ............... (1)
Fertilizer Manufacturing........ ............... ............... [bcheck] [bcheck] ............... (4)
Hospitals....................... [bcheck] [bcheck] ............ [bcheck] ............... (6)
Inorganic Chemical Manufacturing ............... ............... ............ [bcheck] ............... See section VII.B.1.
Meat Products................... ............... ............... [bcheck] [bcheck] [bcheck] (1)
Metal Finishing................. [bcheck] ............... [bcheck] [bcheck] [bcheck] (1)
Metal Molding and Casting....... [bcheck] ............... [bcheck] [bcheck] [bcheck] (4) and (5).
Metal Products and Machinery.... ............... ............... ............ [bcheck] ............... (1)
Mineral Mining and Processing... ............... ............... [bcheck] ............... ............... (4)
Oil and Gas Extraction ............... [bcheck] [bcheck] [bcheck] ............... (1) and (4).
(including coal bed methane as
new potential subcategory).
Ore Mining and Dressing (hard ............... [bcheck] [bcheck] [bcheck] ............... (4)
rock mining).
Organic Chemicals, Plastics, & [bcheck] ............... ............ ............... ............... See section VII.A.1.
Synthetic Fibers (including
chemical formulating,
packaging, and repackaging
(including adhesives and
sealants) operations as a new
potential subcategory).
Petroleum Refining (including ............... ............... [bcheck] [bcheck] [bcheck] See section VII.A.2.
petroleum bulk stations and
terminals as a new potential
subcategory).
Pulp and Paper, Subparts B & E ............... ............... [bcheck] [bcheck] ............... (1)
(Phase I).
Pulp and Paper, Subparts C and F ............... ............... [bcheck] [bcheck] ............... (4)
through L (Phase II).
Pulp and Paper, Subparts A & D ............... ............... [bcheck] [bcheck] ............... (2)
(Phase III).
Steam Electric.................. ............... ............... [bcheck] [bcheck] ............... (4)
Textile Mills................... ............... ............... [bcheck] [bcheck] ............... (4)
Timber Products Processing...... ............... ............... ............ [bcheck] ............... (4)
Transportation Equipment [bcheck] ............... ............ ............... ............... (1) and (6).
Cleaning (including industrial
container & drum cleaning as a
new potential subcategory).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Note: Association of Metropolitan Sewerage Agencies (AMSA), Association of State and Interstate Water Pollution Control Administrators (ASWIPCA).
\2\ Note: This column uses the same codes as Table VI-1 to describe the rationales for the Agency's industry-specific decisions.
Table VI-3.--Industry Sectors Currently Not Regulated by Effluent Guidelines Identified During Outreach
--------------------------------------------------------------------------------------------------------------------------------------------------------
Formal comment process Draft strategy outreach
---------------------------------- Previous ----------------------------------
Industry Comments on Comments on outreach Permitting AMSA and/or Rationale \2\
draft strategy 2002/2003 plan authorities ASWIPCA \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Airport Industrial Discharges........... ............... ............... [radic] ............... ............... (3)
Aquatic Animal Production............... ............... ............... [radic] [radic] ............... (1)
Storm Water Discharges from Construction ............... ............... ............ ............... [radic] (1)
and Development.
Dental Facilities....................... [radic] [radic] ............ [radic] ............... (4)
Drinking Water Supply & Treatment....... ............... ............... [radic] ............... ............... (2)
Food Service Establishments (SIC 581)... [radic] ............... ............ ............... ............... (4)
Discharges from Groundwater Remediation. ............... ............... ............ [radic] ............... (5)
Independent and Stand-Alone Laboratories [radic] ............... ............ ............... ............... (4)
Ocean Going Vessels (cruise ships, ............... [radic] [radic] ............... ............... (6)
ballast and bilge water).
[[Page 75527]]
Printing and Publishing................. [radic] ............... ............ ............... ............... (4)
Prisons................................. ............... ............... ............ [radic] ............... (4)
Municipal Storm Water Runoff............ ............... ............... [radic] [radic] [radic] (5)
Wastewater Treatment and Sewerage ............... ............... [radic] ............... ............... (5)
Systems.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Note: Association of Metropolitan Sewerage Agencies (AMSA), Association of State and Interstate Water Pollution Control Administrators (ASWIPCA).
\2\ Note: This column uses the same codes as Table VIII-1 to describe the rationales for the Agency's industry-specific decisions.
VII. What Will Be the Focus of EPA's 2004 Annual Review?
A. Industrial Point Source Categories EPA Has Identified for Detailed
Investigation
As noted in section VI, EPA has identified two industrial
categories for detailed investigation in the 2004 annual review:
Organic Chemicals, Plastics, and Synthetic Fibers (including Chemical
Formulating, Packaging, and Repackaging and Adhesives and Sealants
operations) (part 414); and Petroleum Refining (including Petroleum
Bulk Stations & Terminals) (part 419). The purpose of the 2004 detailed
investigation is to determine whether, in the final Effluent Guidelines
Program Plan for 2004/2005, EPA should identify Organic Chemicals,
Plastics, and Synthetic Fibers or Petroleum Refining (or both) as the
subject of possible rulemaking to revise their existing effluent
guidelines. During the 2004 annual review, which will conclude with
EPA's publication of the final Effluent Guidelines Program Plan for
2004/2005, EPA intends to collect additional information from NPDES
permits, permitting authorities, and specific industry facilities, as
well as review data and comments submitted in response to today's
notice.
1. Organic Chemicals, Plastics, and Synthetic Fibers (OCPSF)
This industry ranked high in terms of toxic and non-conventional
pollutant discharges among all industrial point source categories
investigated in the screening level analyses. Of 1,581 facilities
classified as OCPSF manufacturing facilities, PCS location data are
sufficient to index 578 facilities to their receiving waterbodies. Of
these facilities, 205 (35%) are discharging pollutants (e.g., priority
organics, nutrients, metals) identified as causing water quality
impairments to their receiving streams. EPA has information that
suggests there may be demonstrated pollution prevention opportunities
and advanced technologies for better treating toxic pollutants and
nutrients, and reducing wastewater flow. As part of its review of this
industry, EPA will consider whether any subcategories should be added.
For example, EPA has identified chemical formulating, packaging, and
repackaging (including adhesives and sealants) operations, which is not
currently regulated by technology-based effluent guidelines as a
possible new subcategory.
Some stakeholders have encouraged EPA to consider revising these
effluent guidelines. During outreach efforts, some stakeholders
asserted that the structure and scope of part 414 presents a number of
permitting and enforcement challenges: (1) Difficulties encountered in
correctly calculating and establishing mass-based limits; (2) problems
in obtaining the data necessary to determine compliance with mass-based
limits; (3) deficiencies in permits and control mechanisms that have
hindered enforcement actions against non-compliant facilities; and (4)
challenges encountered in determining the correct Standard Industrial
Classification (SIC) codes to apply to facilities, which in turn makes
it difficult for permit writers to identify the applicable effluent
guidelines requirements. Therefore, these stakeholders recommend
reevaluating these guidelines to consider more general coverage that is
not tied to SIC codes. They also recommend switching from mass-based
limits to concentration-based limits because of difficulties in
implementing and enforcing mass-based limits.
In comments on the draft Strategy a commenter identified chemical
formulating, packaging, and repackaging (including adhesives and
sealants) operations as an unregulated subcategory for which effluent
guidelines should potentially be developed. EPA intends to review
chemical formulating, packaging, and repackaging (including adhesives
and sealants) operations for possible inclusion in the OCPSF point
source category because of the potential similarities in operations
performed, wastewaters generated, and available pollution prevention
and treatment options.
2. Petroleum Refining
This industry ranked high in terms of toxic and non-conventional
pollutant discharges among all industrial point source categories
investigated in the screening level analyses. A large number of
petroleum refineries report discharges of toxic pollutants (e.g.,
priority organics, metals). EPA has information suggesting that there
may pollution prevention alternatives opportunities for this industry
(e.g., via product substitution), and that treatment technologies
(e.g., membrane separation, novel adsorption) may exist to better
prevent stormwater contamination and to control effluent discharges
from this industrial category.
During outreach, some stakeholders encouraged EPA to consider
revising these effluent guidelines. Their suggestions included
expanding the list of regulated pollutants to include: (1) Priority
pollutants; (2) metals, especially selenium; (3) nutrients (ammonia);
(4) biochemical oxygen demand (BOD); and (5) chemical oxygen demand
(COD). Stakeholders suggested a review of Best Practicable Technology
(BPT), Best Available Technology (BAT), and Best Conventional Pollutant
Control Technology (BCT) for accuracy and relevance because the current
effluent guidelines were promulgated in 1982.
Some EPA Regional Offices and stakeholders also asserted that the
effluent guidelines for this category are outdated relative to the
current state of the industry, and should be a priority for revision.
These stakeholders argue that not only have the technologies
[[Page 75528]]
changed significantly since the guidelines were first issued in 1982,
but many refineries have two to four times the throughput than was used
when the effluents guidelines were first issued and can probably
achieve greater pollutant reductions than they are presently required
to achieve. For industries with production based limitations and
standards, such as this one, a significant change in production may
suggest a need to review the effluent guidelines.
As part of its review of this industry, EPA will consider whether
any new subcategories should be added. For example, EPA has identified
petroleum bulk stations and terminals, which are not currently
regulated by technology-based effluent guidelines, as a possible new
subcategory. Some stakeholders identified concerns for discharges from
petroleum bulk stations and terminals facilities. EPA intends to
consider petroleum bulk stations and terminals (not currently regulated
by effluent guidelines) as it reviews the Petroleum Refining point
source category (part 419) because of potential similarities in
operations performed, wastewaters generated, and available pollution
prevention and treatment options.
B. Industrial Point Source Categories EPA Has Identified as the Highest
Priority for Further Investigation
EPA intends to address data gaps and uncertainties affecting EPA's
estimates of the potential risks and hazards posed by two industrial
categories: Inorganic Chemicals (part 414) and Nonferrous Metals
Manufacturing (part 421). However, EPA does not anticipate completing
its review of these industrial categories in this planning cycle. EPA
expects to complete its review of Group II industries for the Effluent
Guidelines Program Plan for 2006/2007. Consequently, EPA does not
anticipate selecting either of these industrial categories for revision
of their effluent guidelines in the final Effluent Guidelines Program
Plan for 2004/2005.
1. Inorganic Chemicals
This industry ranked high in terms of toxic and non-conventional
pollutant discharges among all industrial point source categories
investigated in the screening level analyses. EPA identified this
industry as a lower priority than the Organic Chemicals, Plastics and
Synthetic Fibers and Petroleum Refining industries based on the
following:
[sbull] Only a few facilities account for the reported toxic
releases. For the Inorganic Chemicals Manufacturing Point Source
Category, 12 facilities in the 2000 TRI database account for
approximately 90 percent of the reported releases of toxic-weighted
pound equivalents (TWPE) to waters of the United States.
[sbull] The reported toxic releases are dominated by dioxin. Dioxin
and dioxin-like compounds represent approximately 70 percent of the
TWPE reported releases to surface waters and three facilities discharge
approximately 80 percent of those TWPE. The majority of reported dioxin
discharges are from chlor-alkali facilities (SIC 2812).
[sbull] Use of industry-specific dioxin toxic weighting factors.
Using the best available information, EPA is using different toxic
weighting factors for the different dioxin congeners. Further
information and data may also affect EPA's estimate of the toxicity
associated with these dioxin discharges.
[sbull] Low-level mercury discharges reported in PCS account for a
substantial part of the TWPE for this industry. Excluding one facility,
the average mercury discharge is at a very low concentration, raising
issues about the treatability of these discharges.
During outreach efforts, some stakeholders suggested that the
Inorganic Chemical effluent guidelines (part 415) should be reevaluated
to determine whether the ``no discharge'' requirement is reasonable.
Stakeholders stated that there have been substantial changes to this
industrial point source category since the effluent guidelines were
promulgated in 1982. In particular, stakeholders suggested revising the
effluent guidelines with respect to chlor-alkali and nitrous oxide
manufacturing. The majority of reported dioxin discharges are from
chlor-alkali facilities (SIC 2812). Stakeholders also suggested
revising the potassium manufacturing subcategory to address
interpretation issues for new sources as to what constitutes process
wastewater.
2. Nonferrous Metals Manufacturing
This industry ranked high in terms of toxic and non-conventional
pollutant discharges among all industrial point source categories
investigated in the screening level analyses. The existing effluent
guidelines use SIC codes to determine applicability but in some cases a
single SIC code covers facilities not only in this industrial point
source category, but also in other categories. Consequently, EPA has
begun to conduct further review of the discharges reported in TRI and
PCS for this category to ensure that EPA is not double-counting
pollutants among two or more categories. This review has already
lowered the estimated toxic and non-conventional pollutant discharges
attributed to this category and may do so further. EPA also notes that
nonferrous metals manufacturing facilities tend to have efficient
metals removal from existing treatment-in-place (most metals removals
are approximately 99% efficient based on 2000 TRI data).
C. Other Industry Categories
EPA identified seven other industrial point source categories with
relatively high estimates of potential hazard or risk based on the
screening tools used to evaluate hazard or risk and the information
gathered from EPA Regional Offices and stakeholders: fertilizer
manufacturing; ore mining and dressing; phosphate manufacturing; pulp
and paper (phase II); steam electric power generating; textile mills;
and timber products processing. EPA also identified numerous data gaps
and issues that may affect the Agency's estimate of the risk or hazard
posed by discharges from these industrial point source categories. EPA
will continue investigating pollutant discharges from these industrial
point source categories, but will assign a higher priority to the
industrial categories described in sections VII A. and B. At the
present time, the Agency does not have enough information to determine
whether the hazard or risk that appears to be posed by these categories
warrants revision of the applicable effluent guidelines. Therefore, EPA
does not anticipate identifying any of these categories for revision of
an effluent guideline in the final Effluent Guidelines Program Plan for
2004/2005.
EPA Regional Offices and outreach efforts identified nine other
industrial point source categories as potential candidates for effluent
guideline revision: canned and preserved fruits and vegetable
processing; canned and preserved seafood processing; coal mining; coil
coating; dairy products processing; electrical and electronic
components; metal molding and casting; mineral mining and processing;
and oil and gas extraction (including coalbed methane extraction).
These industries were identified because of potential opportunities to
improve efficient implementation of the national water quality program
or because their discharges may contribute to water quality problems.
EPA evaluated these categories and, based on available data, did not
identify hazard or risks that appear to warrant effluent guideline
revision. Therefore, EPA does not anticipate identifying any of these
categories for revision of an effluent guideline in the final Effluent
Guidelines Program Plan for 2004/2005.
[[Page 75529]]
VIII. Identification of and Schedule for Possible Categories for
Potential New Effluent Guidelines
In its Effluent Guidelines Program Plan, EPA must identify
categories of sources discharging toxic or non-conventional pollutants
for which EPA has not published effluent limitations guidelines under
section 304(b)(2) or new source performance standards (NSPS) under
section 306. See CWA section 304(m)(1)(B). For the categories EPA
identifies under this provision, EPA must establish a schedule for the
promulgation of effluent guidelines not later than three years after
such identification. See CWA section 304(m)(1)(C). Today's Federal
Register notice presents EPA's preliminary decisions under section
304(m)(1)(B).
A. Review Process and Decision Criteria for Industrial Categories for
Which EPA Has Not Promulgated Effluent Guidelines
The universe of potential industrial categories subject to section
304(m)(1)(B) is limited. First, and most important, this analysis
applies only to industrial categories for which EPA has not promulgated
effluent guidelines, not to unregulated subcategories or pollutants
within a currently regulated industrial category. Thus, the first
decision criterion asks whether the industrial operation or activity in
question is properly characterized as an industry ``category.'' The
list of ``categories of sources'' set forth at section 306(b)(1)(A)
(e.g., pulp and paper mills, organic chemicals manufacturing, steam
electric powerplants) suggests that Congress intended that this term
should be broadly construed. EPA considers the need to address new
subcategories and new pollutants as part of its annual review of
existing effluent guidelines. See section VI. EPA believes that the
decision whether to revise a guideline to address additional related
industrial activities or pollutants should be made in the context of
evaluating the promulgated effluent guideline as a whole. For example,
as part of its annual review under CWA section 304(m)(1)(A), EPA is
reviewing the following industrial operations as potential new
subcategories of existing effluent guidelines: (1) Petroleum Bulk
Stations and Terminals (SIC 5171) will be reviewed as a potential new
subcategory under Petroleum Refining (part 419); and (2) Chemical
Formulating, Packaging, and Repackaging (including Adhesives and
Sealants) operations will be reviewed as a potential new subcategory
under Organic Chemicals, Plastics, and Synthetic Fibers (part 414).
Second, the analysis under CWA section 304(m)(1)(B) applies only to
industrial categories to which effluent guidelines under section
304(b)(2) or section 306 would apply, if promulgated. Therefore, for
purposes of section 304(m)(1)(B), EPA would not identify industrial
categories composed exclusively or almost exclusively of indirect
discharging facilities regulated under section 307 or categories like
wastewater treatment plants regulated under section 301(b)(1)(B). EPA
also believes this criterion should be used to exclude categories where
the vast majority of toxic and non-conventional pollutant discharges
are accounted for by one or a few facilities. EPA believes that more
effective environmental protection can be accomplished sooner for such
categories, and with less use of limited Agency resources, by providing
site-specific guidance to permit authorities on appropriate limitations
and standards based on best professional judgment. This decision
criterion acknowledges that other tools created by the Clean Water Act
better pollutant discharges from some categories of facilities.
Third, the analysis under CWA section 304(m)(1)(B) applies only to
industrial categories of sources that the record shows are making non-
trivial discharges of toxic or non-conventional pollutants to waters of
the United States. EPA does not believe that it is necessary, nor was
it Congress's intent, to develop national effluent guidelines
regulations for categories of sources that are likely to pose an
insignificant risk to human health or the environment. See S. Rep. No.
50, 99th Cong., 1st Sess. (1985); WQA87 Leg. Hist. 31. This decision
criterion leads EPA to focus on those remaining industrial categories
where new effluent guidelines have the potential to address an
identifiable hazard or risk to human health or the environment. In
other words, using this decision criterion, EPA will identify those
industrial categories of polluters for which effluent guidelines may be
appropriate, based on information available during the development of a
particular Effluent Guidelines Program Plan. Thus, EPA might judge in
2004, based on information available at that time, that the toxic and
non-conventional pollutant discharges from sources within an industrial
category are trivial, and then, based on changes in the industry or new
information, reach a different conclusion in 2006 or later. Priority-
setting is intrinsic to any planning exercise, and this decision
criterion is an important priority-setting tool. Because section
304(m)(1)(C) requires that EPA complete an effluent guidelines
rulemaking within three years of identifying an industrial category in
a 304(m) plan, it is important that EPA have the discretion to identify
only those industrial categories where the risks or hazards are indeed
non-trivial. Otherwise, EPA might find itself commencing an effluent
guidelines rulemaking when none is actually needed for the protection
of human health or the environment. In assessing hazard or risk for
purposes of CWA section 304(m)(1)(B), EPA used the same methodology
discussed in section VI for reviewing industrial categories with
existing effluent guidelines.
B. Outcome of EPA's Analysis Under CWA Section 304(m)(1)(B)
Applying these decision criteria, EPA identified no new candidates
for effluent guidelines rulemaking for this preliminary Plan.
Consequently, EPA is not proposing to schedule an effluent guidelines
rulemaking for any industrial category not already regulated by
existing effluent guidelines. EPA's application of these decision
criteria to industrial activities without effluent guidelines under
sections 304(b) or 306 is presented in Table VIII-1 and in the record
(DCN 00548, section 3.0). The ``Rationale'' column in Table VIII-1 uses
a numeric coding system to explain why EPA did not identify the
industrial activity in this preliminary Plan as a candidate for an
effluent guidelines rulemaking:
(1) An effluent guidelines rulemaking for this industry is underway
or was recently concluded.
(2) The vast majority of the estimated hazards are limited to only
one or a few facilities.
(3) Inadequate data to determine if there are non-trivial
discharges; additional data collection on-going.
(4) All or nearly all sources engaged in this industrial activity
are indirect dischargers and are not subject to CWA section 304(b) or
section 306.
(5) Other CWA controls apply (e.g. Uniform National Discharge
Standards for armed forces vessels, municipal storm water regulations).
(6) Industrial activity is not subject to CWA permitting
requirements.
[[Page 75530]]
Table VIII-1.--Industrial Activities for Which EPA Has Not Promulgated Effluent Guidelines
--------------------------------------------------------------------------------------------------------------------------------------------------------
Continue
investigation for
possible
Suggested in identification for
Industrial activity stakeholder outreach? TRI rank PCS rank final Effluent Rationale
(Yes/No) Guidelines Program
Plan for 2004/2005?
(Yes/No)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Airport Industrial Discharges...... Yes................... Not Avail............ 2.................... No................... (3)
Aquatic Animal Production.......... Yes................... Not Avail............ Not Avail............ No................... (1)
Storm Water Discharges from Yes................... Not Avail............ Not Avail............ No................... (1)
Construction and Development.
Dental Facilities.................. Yes................... Not App.............. Not App.............. No................... (4)
Drinking Water Supply & Treatment.. Yes................... 1.................... 1.................... No................... (2)
Food Service Establishments (SIC Yes................... Not App.............. Not App.............. No................... (4)
581).
Discharges from Groundwater Yes................... Not App.............. Not App.............. No................... (5)
Remediation.
Independent & Stand-Alone Yes................... Not App.............. Not App.............. No................... (4)
Laboratories.
Industrial Laundries............... No.................... Not App.............. Not App.............. No................... (4)
Ocean Going Vessels (cruise ships, Yes................... Not App.............. Not App.............. No................... (6)
ballast and bilge water).
Printing & Publishing.............. Yes................... Not App.............. Not App.............. No................... (4)
Prisons............................ Yes................... Not App.............. Not App.............. No................... (4)
Municipal Storm Water Runoff....... Yes................... Not App.............. Not App.............. No................... (5)
Wastewater Treatment and Sewerage Yes................... Not App.............. Not App.............. No................... (5)
Systems.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: ``Not Avail.'' means that the information was not available using data from TRI or PCS. ``Not App.'' means that this 304(m) ranking was not
applicable for this industry, in as much as this industry is not subject to 304(m) effluent guidelines planning.
IX. Request for Comment and Information
EPA invites and encourages public participation in the development
of the Effluent Guidelines Program Plan for 2004/2005. The Agency asks
that comments address deficiencies in the record of this preliminary
Plan and that commenters provide supporting data for suggested
revisions or corrections where possible.
EPA particularly requests comments and information on these issues:
A. EPA requests information on the industries recommended for
detailed investigation: Organic Chemicals, Plastics, and Synthetic
Fibers (40 CFR part 414) and Petroleum Refining (40 CFR part 419).
Specifically, EPA hopes to gather the following information:
OCPSF (SIC codes 2821, 2823, 2824, 2865, 2869)
[sbull] What is the source (raw material, process, product) of the
TRI-reported releases of toxic chemicals, particularly dioxin and
dioxin-like compounds, PACs, aniline, and sodium nitrite?
[sbull] What control technologies or techniques can be used to
reduce the wastewater contamination with these pollutants?
[sbull] What toxic chemicals are released from OCPSF facilities,
but not reported to TRI or PCS?
[sbull] Manufacturers of azo dyes and certain facilities in the
rubber industry reported wastewater releases of aniline and sodium
nitrite. What is the source (raw material, process, product) of these
releases? What control technologies or techniques can be used to reduce
wastewater contamination with these pollutants?
[sbull] Manufacturers of ethylene dichloride and vinyl chloride
monomer reported wastewater releases of dioxin and dioxin-like
compounds. What is the source (raw material, process, product) of these
releases? What control technologies or techniques can be used to reduce
wastewater contamination with these pollutants?
Chemical Formulating, Packaging, and Repackaging (SIC codes 2841, 2842,
2844, 2851, 2891, 2893, 2899)
[sbull] What are the sources of wastewaters discharged from these
facilities?
[sbull] What pollutants (toxic, conventional, and nonconventional)
are contained in these wastewaters and at what quantity?
[sbull] What control technologies or techniques can be used to
reduce the wastewater contamination with these pollutants?
[sbull] What is the basis for the discharge limits in NPDES permits
issued to facilities in these SIC codes?
Petroleum Refining (SIC code 2911)
[sbull] In 2000, why did 19 refineries report surface water and
POTW releases of PACs to TRI, while 164 refineries did not report
releases?
[sbull] What control technologies or techniques can be used to
reduce the PACs in refinery wastewaters?
[sbull] What is the source of dioxin and dioxin-like compounds in
refinery wastewaters?
[sbull] What process modifications have been implemented at
refineries to reduce the generation of dioxins?
[sbull] What is the source of vanadium and other toxic metals in
refinery wastewaters?
[sbull] What process modifications have been implemented at
refineries to reduce the vanadium in refinery wastewaters? Of other
toxic metals?
[sbull] What toxic chemicals are released from refineries, but not
reported to TRI or PCS?
Petroleum Bulk Stations and Terminals (SIC code 5171)
[sbull] What is the discharge status (number of facilities with
direct, indirect, and zero discharge) of facilities in this SIC code?
[sbull] Why or how do certain facilities discharge no wastewater,
while other facilities discharge substantial volumes? (off-site
disposal, lack of rainfall, 100% recycle/reuse, etc.)
[sbull] What is the discharge of toxic pollutants (pollutant
concentrations and mass)?
[sbull] Is ammonia a typical contaminant in wastewater from
facilities in SIC code 5171? What is the source of ammonia at these
facilities?
[[Page 75531]]
[sbull] What are wastewater sources and discharge volumes?
[sbull] Are wastewater discharges continuous or intermittent
(depending on facility operations, rainfall, or other event)?
[sbull] What is the current level of treatment in place?
[sbull] One source of contaminated wastewater at PBST facilities is
water that accumulates at the bottom of product tanks, known as tank
bottom water. How are PBSTs currently managing this wastewater (hauled
off-site for contract disposal, mixed with accumulated stormwater and
treated on-site, or other means)? What determines how a PBST will
dispose of its tank bottom waters? How do PBST facilities manage and
treat contact stormwater?
[sbull] What is the extent of pollution prevention/recovery
practices in place?
[sbull] How have EPA's stormwater regulations impacted PBST
discharges?
B. EPA requests information on the industries for which the Agency
states that there is incomplete data available for analysis (i.e.,
industrial point source categories with existing effluent guidelines
identified with ``(4)'' in the column titled ``Rationale'' in Tables
VI-1 and industrial point source categories with no existing effluent
guidelines identified with ``(3)'' in the column titled ``Rationale''
in Tables VIII-1). EPA will need to collect more information for the
next biennial plan. Specifically, EPA hopes to gather the following
information:
[sbull] What toxic pollutants are discharged from these industries
in non-trivial amounts on an industry and per-facility basis?
[sbull] What raw material(s) or process(es) are the sources of
these pollutants?
[sbull] What technologies are available (technically and
economically) to control or prevent the generation and/or release of
these pollutants.
C. EPA solicits comments on whether EPA used the correct evaluation
factors, criteria and data sources to develop this proposed plan.
Please see the record for a more detailed discussion of EPA's analysis
supporting this proposal (DCN 00548, section 3.0). Also see the record
for more information on how EPA's analysis differed from the analytical
framework described in the draft Strategy for National Clean Water
Industrial Regulations (DCN 00553, section 3.0). EPA invites comment on
the appropriateness of and to suggest improvements to its approach, its
identification of relevant data sources and its uses of these data.
D. EPA solicits comments on whether, and if so how, should the
Agency provide EPA Regions and States with permit-based support instead
of revising effluent guidelines (e.g., when the vast majority of the
hazard or risk is associated with one or a few facilities).
E. EPA solicits comment on how to improve its impairment analysis
to better characterize and quantify relationships between industrial
point sources and impaired waters.
F. EPA solicits comment on the sources of data EPA might use to
document industry efforts to voluntarily reduce pollutant discharges.
EPA invites commenters to provide any information they have documenting
voluntary pollution reductions by any of the industry categories
regulated (or potentially regulated) by effluent limitation guidelines.
G. EPA solicits comment on the methodology for grouping industries
for review and prioritization and the factors and measures EPA should
consider for determining if discharges are trivial.
H. Process additives in use in the steam electric power generation
point source category have changed over time. Starting in the early
1990s, some power plants began converting from the use of chlorinated
compounds to brominated compounds. However, many of these plants report
only total residual oxidant (TRO) as part of their NPDES permit
requirements. What additional data sources are available to quantify
the amount and type of brominated compounds discharged from this
industry?
I. EPA solicits comment on implementation issues related to
existing effluent guidelines.
Dated: December 23, 2003.
G. Tracy Mehan III,
Assistant Administrator for Water.
[FR Doc. 03-32214 Filed 12-30-03; 8:45 am]
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