Notice of Availability of Final 2006 Effluent Guidelines Program Plan, 76644-76667 [E6-21825]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Notices]
[Pages 76644-76667]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21825]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2004-0032; FRL-8259-1]
RIN 2040-AE76


Notice of Availability of Final 2006 Effluent Guidelines Program 
Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Final 2006 Effluent Guidelines Program Plan.

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SUMMARY: EPA establishes national technology-based regulations known as 
effluent guidelines and pretreatment standards to reduce pollutant 
discharges from categories of industry discharging directly to waters 
of the United States or discharging indirectly through Publicly Owned 
Treatment Works (POTWs). The Clean Water Act (CWA) sections 301(d), 
304(b), 304(g), and 307(b) require EPA to annually review these 
effluent guidelines and pretreatment standards.

[[Page 76645]]

This notice presents EPA's 2006 review of existing effluent guidelines 
and pretreatment standards. It also presents EPA's evaluation of 
indirect dischargers without categorical pretreatment standards to 
identify potential new categories for pretreatment standards under CWA 
sections 304(g) and 307(b). This notice also presents the final 2006 
Effluent Guidelines Program Plan (``final 2006 Plan''), which, as 
required under CWA section 304(m), identifies any new or existing 
industrial categories selected for effluent guidelines rulemaking and 
provides a schedule for such rulemaking. CWA section 304(m) requires 
EPA to biennially publish such a plan after public notice and comment. 
The Agency published the preliminary 2006 Plan on August 29, 2005 (70 
FR 51042). This notice also provides EPA's preliminary thoughts 
concerning its 2007 annual reviews under CWA sections 301(d), 304(b), 
304(g) and 307(b) and solicits comments, data and information to assist 
EPA in performing these reviews. EPA intends to continue a detailed 
study of the steam electric power generating industry and start 
detailed studies for the following industrial sectors: the coal mining 
industry, the health services industry, and the coalbed methane 
industry, which is part of the oil and gas extraction industry. 
Finally, after two public comment periods, this notice discusses how 
EPA incorporates elements from the draft Strategy for National Clean 
Water Industrial Regulations (Strategy) into its effluent guidelines 
reviews and planning.

ADDRESSES: Submit your comments, data and information for the 2007 
annual review, identified by Docket ID No. EPA-HQ-OW-2006-0771, by one 
of the following methods:
    (1) www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    (2) E-mail: OW-Docket@epa.gov, Attention Docket ID No. EPA-HQ-OW-
2006-0771.
    (3) Mail: Water Docket, Environmental Protection Agency, Mailcode: 
4203M, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention 
Docket ID No. EPA-HQ-OW-2006-0771. Please include a total of 3 copies.
    (4) Hand Delivery: Water Docket, EPA Docket Center, EPA West, Room 
B102, 1301 Constitution Ave., NW., Washington, DC, Attention Docket ID 
No. EPA-HQ-OW-2006-0771. Such deliveries are only accepted during the 
Docket's normal hours of operation and special arrangements should be 
made.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2006-
0771. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through regulations.gov or e-mail. The 
federal regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the index at 
www.regulations.gov. Although listed in the index, some information is 
not publicly available, i.e., CBI or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically at www.regulations.gov or in hard copy 
at the Water Docket in the EPA Docket Center, EPA/DC, EPA West, Room 
3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading 
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744, and the telephone number for the Water Docket 
is (202) 566-2426.
    Key documents providing additional information about EPA's annual 
reviews and the final 2006 Effluent Guidelines Program Plan include the 
following:
     Interim Detailed Study Report for the Steam Electric Power 
Generating Point Source Category, EPA-821-R-06-015, DCN 3401;
     Final Report: Pulp, Paper, and Paperboard Detailed Study, 
EPA-821-R-06-016, DCN 3400;
     Final Engineering Report: Tobacco Products Processing 
Detailed Study, EPA-821-R-06-017, DCN 3395; and
     Technical Support Document for the 2006 Effluent 
Guidelines Program Plan, EPA-821-R-06-018, DCN 3402.

FOR FURTHER INFORMATION CONTACT: Mr. Carey A. Johnston at (202) 566-
1014 or johnston.carey@epa.gov, or Ms. Jan Matuszko at (202) 566-1035 
or matuszko.jan@epa.gov.

SUPPLEMENTARY INFORMATION:

How Is This Document Organized?

    The outline of this notice follows.

I. General Information
II. Legal Authority
III. What Is the Purpose of This Federal Register Notice?
IV. Background
V. EPA's 2006 Annual Review of Existing Effluent Guidelines and 
Pretreatment Standards Under CWA Sections 301(d), 304(b), 304(g), 
and 307(b)
VI. EPA's 2007 Annual Review of Existing Effluent Guidelines and 
Pretreatment Standards Under CWA Sections 301(d), 304(b), 304(g), 
and 307(b)
VII. EPA's Evaluation of Categories of Indirect Dischargers Without 
Categorical Pretreatment Standards To Identify Potential New 
Categories for Pretreatment Standards
VIII. The Final 2006 Effluent Guidelines Program Plan Under Section 
304(m)
IX. Status of ``Strategy for National Clean Water Industrial 
Regulations'' and EPA's Effluent Guidelines Reviews and Planning

I. General Information

A. Does This Action Apply to Me?

    This notice simply provides a statement of the Agency's effluent 
guidelines review and planning processes and priorities at this time, 
and does not contain any regulatory requirements.

B. What Should I Consider as I Prepare My Comments for EPA for the 2007 
Review?

1. Submitting Confidential Business Information
    Do not submit this information to EPA through www.regulations.gov 
or e-mail. Clearly mark the part or all of the information that you 
claim to be CBI. For CBI information in a disk or CD-ROM that you mail 
to EPA, mark the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In

[[Page 76646]]

addition to one complete version of the comment that includes 
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. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments
    When submitting comments, remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Legal Authority

    This notice is published under the authority of the CWA, 33 U.S.C. 
1251, et seq., and in particular sections 301(d), 304(b), 304(g), 
304(m), 306, and 307(b), 33 U.S.C. 1311(d), 1314(b), 1314(g), 1314(m), 
1316, and 1317.

III. What Is the Purpose of This Federal Register Notice?

    This notice presents EPA's 2006 review of existing effluent 
guidelines and pretreatment standards under CWA sections 301(d), 
304(b), 304(g) and 307(b). It also presents EPA's evaluation of 
indirect dischargers without categorical pretreatment standards to 
identify potential new categories for pretreatment standards under CWA 
sections 304(g) and 307(b). This notice also presents the final 2006 
Effluent Guidelines Program Plan (``final 2006 Plan''), which, as 
required under CWA section 304(m), identifies any new or existing 
industrial categories selected for effluent guidelines rulemaking and 
provides a schedule for such rulemaking. CWA section 304(m) requires 
EPA to biennially publish such a plan after public notice and comment. 
The Agency published the preliminary 2006 Plan on August 29, 2005 (70 
FR 51042). This notice also provides EPA's preliminary thoughts 
concerning its 2007 annual reviews under CWA sections 301(d), 304(b), 
304(g) and 307(b) and solicits comments, data and information to assist 
EPA in performing these reviews. Finally, after two public comment 
periods, this notice discusses how EPA incorporates elements from the 
draft Strategy for National Clean Water Industrial Regulations 
(Strategy) into its effluent guidelines reviews and planning.

IV. Background

A. What Are Effluent Guidelines and Pretreatment Standards?

    The CWA directs EPA to promulgate effluent limitations guidelines 
and standards that reflect pollutant reductions that can be achieved by 
categories or subcategories of industrial point sources using specific 
technologies. 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 effluent 
limitations guidelines 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).
1. Best Practicable Control Technology Currently Available (BPT)--CWA 
Sections 301(b)(1)(A) & 304(b)(1)
    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 (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 423. 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.
2. Best Conventional Pollutant Control Technology (BCT)--CWA Sections 
301(b)(2)(E) & 304(b)(4)
    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 considering the other 
factors specified in section 304(b)(4)(B) to establish BCT limitations, 
EPA also considers a two part ``cost-reasonableness'' test. EPA 
explained its methodology for the development of BCT limitations in 
1986. See 51 FR 24974 (July 9, 1986).
3. Best Available Technology Economically Achievable (BAT)--CWA 
Sections 301(b)(2)(A) & 304(b)(2)
    For toxic pollutants and non-conventional pollutants, EPA 
promulgates effluent guidelines based on the Best Available Technology 
Economically Achievable (BAT). See CWA section 301(b)(2)(A), (C), (D) 
and (F). 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. See CWA 
section

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304(b)(2)(B). The technology must also be economically achievable. See 
CWA section 301(b)(2)(A). The Agency retains considerable discretion in 
assigning the weight accorded 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.
4. New Source Performance Standards (NSPS)--CWA Section 306
    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.
5. Pretreatment Standards for Existing Sources (PSES)--CWA Section 
307(b)
    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.
6. Pretreatment Standards for New Sources (PSNS)--CWA Section 307(c)
    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 facilities 
the best available demonstrated technologies. The Agency considers the 
same factors in promulgating PSNS as it considers in promulgating NSPS.

B. What Are EPA's Review and Planning Obligations Under Sections 
301(d), 304(b), 304(g), 304(m), and 307(b)?

1. EPA's Review and Planning Obligations Under Sections 301(d), 304(b), 
and 304(m)--Direct Dischargers
    Section 304(b) requires EPA to review its existing effluent 
guidelines for direct dischargers each year and to revise such 
regulations ``if appropriate.'' Section 304(m) supplements the core 
requirement of section 304(b) by requiring EPA to publish a plan every 
two years announcing its schedule for performing this annual review and 
its schedule for rulemaking for any effluent guideline selected for 
possible revision as a result of that annual review. Section 304(m) 
also requires the plan to identify categories of sources discharging 
non-trivial amounts of 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); S. 
Rep. No. 50, 99th Cong., 1st Sess. (1985); WQA87 Leg. Hist. 31 
(indicating that section 304(m)(1)(B) applies to ``non-trivial 
discharges.''). Finally, under section 304(m), the plan must present a 
schedule for promulgating effluent guidelines for industrial categories 
for which it has not already established such guidelines, providing for 
final action on such rulemaking not later than three years after the 
industrial category is identified in a final Plan.\1\ See CWA section 
304(m)(1)(C). EPA is required to publish its preliminary Plan for 
public comment prior to taking final action on the plan. See CWA 
section 304(m)(2).
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    \1\ EPA recognizes that one court--the U.S District Court for 
the Central District of California--has found that EPA has a duty to 
promulgate effluent guidelines within three years for new categories 
identified in the Plan. See NRDC et al. v. EPA, No. 04-8307, 2006 WL 
1834260 (C.D. Ca, June 27, 2006). However, EPA continues to believe 
that the mandatory duty under section 304(m)(1)(c) is limited to 
providing a schedule for concluding the effluent guidelines 
rulemaking--not necessarily promulgating effluent guidelines--within 
three years, and is considering whether to appeal this decision.
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    In addition, CWA section 301(d) requires EPA to review every five 
years the effluent limitations required by CWA section 301(b)(2) and to 
revise them if appropriate pursuant to the procedures specified in that 
section. Section 301(b)(2), in turn, requires point sources to achieve 
effluent limitations reflecting the application of the best available 
technology economically achievable (for toxic pollutants and non-
conventional pollutants) and the best conventional pollutant control 
technology (for conventional pollutants), as determined by EPA under 
sections 304(b)(2) and 304(b)(4), respectively. For nearly three 
decades, EPA has implemented sections 301 and 304 through the 
promulgation of effluent limitations guidelines, resulting in 
regulations for 56 industrial categories. See E.I. du Pont de Nemours & 
Co. v. Train, 430 U.S. 113 (1977). Consequently, as part of its annual 
review of effluent limitations guidelines under section 304(b), EPA is 
also reviewing the effluent limitations they contain, thereby 
fulfilling its obligations under sections 301(d) and 304(b) 
simultaneously.
2. EPA's Review and Planning Obligations Under Sections 304(g) and 
307(b)--Indirect Dischargers
    Section 307(b) requires EPA to revise its pretreatment standards 
for indirect dischargers (``from time to time, as control technology, 
processes, operating methods, or other alternatives change.'' See CWA 
section 307(b)(2). Section 304(g) requires EPA to annually review these 
pretreatment standards and revise them ``if appropriate.'' Although 
section 307(b) only requires EPA to review existing pretreatment 
standards ``from time to time,'' section 304(g) requires an annual 
review. Therefore, EPA meets its 304(g) and 307(b) review requirements 
by reviewing all industrial categories subject to existing categorical 
pretreatment standards on an annual basis to identify potential 
candidates for revision.
    Section 307(b)(1) also requires EPA to promulgate pretreatment 
standards for pollutants not susceptible to treatment by POTWs or that 
would interfere with the operation of POTWs, although it does not 
provide a timing requirement for the promulgation of such new 
pretreatment standards. EPA, in its discretion, periodically evaluates 
indirect dischargers not subject to categorical pretreatment standards 
to identify potential candidates for new pretreatment standards. The 
CWA does not require EPA to publish its review of pretreatment 
standards or identification of potential new categories, although EPA 
is exercising its discretion to do so in this notice.
    EPA intends to repeat this publication schedule for future 
pretreatment standards reviews (e.g., EPA will publish the 2007 annual 
pretreatment standards review in the notice

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containing the Agency's 2007 annual review of existing effluent 
guidelines and the preliminary 2008 Plan). EPA intends that these 
contemporaneous reviews will provide meaningful insight into EPA's 
effluent guidelines and pretreatment standards program decision-making. 
Additionally, by providing a single notice for these and future 
reviews, EPA hopes to provide a consolidated source of information for 
the Agency's current and future effluent guidelines and pretreatment 
standards program reviews.

V. EPA's 2006 Annual Review of Existing Effluent Guidelines and 
Pretreatment Standards Under CWA Sections 301(d), 304(b), 304(g), and 
307(b)

A. What Process Did EPA Use To Review Existing Effluent Guidelines and 
Pretreatment Standards Under CWA Section 301(d), 304(b), 304(g), and 
307(b)?

1. Overview
    In its 2006 annual review, EPA reviewed all industrial categories 
subject to existing effluent limitations guidelines and pretreatment 
standards, representing a total of 56 point source categories and over 
450 subcategories. This review consisted of a screening level review of 
all existing industrial categories based on the hazard associated with 
discharges from each category and other factors identified by EPA as 
appropriate for prioritizing effluent guidelines and pretreatment 
standards for possible revision. For categories prioritized based on 
the screening-level review, EPA conducted further review--a ``detailed 
study'' of two categories (i.e., Steam Electric Power Generation and 
Pulp, Paper, and Paperboard categories--and a less intensive 
``prioritized category review'' of eleven categories--in order to 
determine whether it would be appropriate to identify these categories 
for effluent guidelines rulemaking. EPA also took a closer look at 
several stakeholder identified categories to determine whether they 
warranted additional review. Together, these reviews discharged EPA's 
obligations to annually review both existing effluent limitations 
guidelines for direct dischargers under CWA sections 301(d) and 304(b) 
and existing pretreatment standards for indirect dischargers under CWA 
sections 304(g) and 307(b).
    Based on this review, and in light of the effluent guidelines 
rulemakings and detailed studies currently in progress based on prior 
annual reviews and other events, EPA is not identifying any existing 
categories for effluent guidelines rulemaking at this time. EPA does, 
however, intend to conduct more focused detailed reviews in the 2007 
and 2008 annual reviews of the effluent guidelines for the following 
categories: Steam Electric Power Generating (Part 423), Coal Mining 
(Part 434), Oil and Gas Extraction category (Part 435) (only to assess 
whether to revise the limits to include Coal Bed Methane extraction as 
a new subcategory), and Hospitals (Part 460).\2\ As part of its 
detailed study of the Coal Bed Methane extraction industry, EPA plans 
to seek approval for an Information Collection Request (ICR) to gather 
data from the industry. See Sections V.B.2 and VII.D.
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    \2\ Based on available information, hospitals consist mostly of 
indirect dischargers for which EPA has not established pretreatment 
standards. As discussed in Section VII.D, EPA is including hospitals 
in its review of the Health Services Industry, a potential new 
category for pretreatment standards. As part of that process, EPA 
will review the existing effluent guidelines for the few direct 
dischargers in the category.
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2. How did EPA's 2005 annual review influence its 2006 annual review of 
point source categories with existing effluent guidelines and 
pretreatment standards?
    In view of the annual nature of its reviews of existing effluent 
guidelines and pretreatment standards, EPA believes that each annual 
review can and should influence succeeding annual reviews, e.g., by 
indicating data gaps, identifying new pollutants or pollution reduction 
technologies, or otherwise highlighting industrial categories for 
additional scrutiny in subsequent years. During its 2005 annual review, 
which concluded in September 2005, EPA started detailed studies of the 
existing effluent guidelines and pretreatment standards for two 
industrial categories: Pulp, Paper, and Paperboard (Part 430) and Steam 
Electric Power Generating (Part 423). In addition, EPA identified 
eleven other priority industrial categories as candidates for further 
study in the 2006 reviews based on the toxic discharges reported to the 
Toxics Release Inventory (TRI) and Permit Compliance System (PCS). EPA 
published the findings from its 2005 annual review with its preliminary 
2006 Plan (August 29, 2005; 70 FR 51042), making the data collected 
available for public comment. Docket No. EPA-HQ-OW-2004-0032. EPA used 
the findings, data and comments on the 2005 annual review to inform its 
2006 annual review. The 2006 review also built on the previous reviews 
by continuing to use the screening methodology, incorporating some 
refinements to assigning discharges to categories and updating toxic 
weighting factors used to estimate potential hazards of toxic pollutant 
discharges. In its 2006 reviews, EPA completed its detailed study of 
the Pulp and Paper industry. EPA intends to continue its detailed study 
of the Steam Electric industry in its 2007 annual review.
3. What actions did EPA take in performing its 2006 annual reviews of 
existing effluent guidelines and pretreatment standards?
a. Screening-Level Review
    The first component of EPA's 2006 annual review consisted of a 
screening-level review of all industrial categories subject to existing 
effluent guidelines or pretreatment standards. As a starting point for 
this review, EPA examined screening-level data from its 2005 annual 
reviews. In its 2005 annual reviews, EPA focused its efforts on 
collecting and analyzing data to identify industrial categories whose 
pollutant discharges potentially pose the greatest hazard to human 
health or the environment because of their toxicity (i.e., highest 
estimates of toxic-weighted pollutant discharges). In particular, EPA 
ranked point source categories according to their discharges of toxic 
and non-conventional pollutants (reported in units of toxic-weighted 
pound equivalent or TWPE), based primarily on data from TRI and PCS. 
EPA calculated the TWPE using pollutant-specific toxic weighting 
factors (TWFs). Where data are available, these TWFs reflect both 
aquatic life and human health effects. For each facility that reports 
to TRI or PCS, EPA multiplies the pounds of discharged pollutants by 
pollutant-specific TWFs. This calculation results in an estimate of the 
discharged toxic-weighted pound equivalents, which EPA then uses to 
assess the hazard posed by these toxic and non-conventional pollutant 
discharges to human health or the environment. EPA repeated this 
process for the 2006 annual reviews using the most recent TRI data 
(2003). EPA also examined the potential usability of PCS data (2002) 
for evaluating nutrient discharges and discovered several complications 
in calculating the pollutant load attributed to nutrients. EPA intends 
to pursue means for improving the data review for nutrients discharges 
in future effluent guidelines reviews. The full description of EPA's 
methodology for the 2006 screening-level review is presented in the 
final Technical Support Document (TSD) for the 2006 Plan (see DCN 3402) 
and in the Docket (see EPA-HQ-OW-2004-0032) accompanying this notice.

[[Page 76649]]

    EPA is continuously investigating and solicits comment on how to 
improve its analyses. EPA made a few such improvements to the 
screening-level review methodology from the 2005 to the 2006 annual 
review. As part of the 2006 screening level review, EPA corrected the 
PCSLoads2002 and TRIReleases2002 databases, by addressing issues raised 
in comments (e.g., updating TWFs and average POTW pollutant removal 
efficiencies for a number of pollutants) and collecting additional 
information from individual facilities that report to TRI or PCS. EPA 
also started a process for conducting a peer review of its development 
and use of TWFs (see DCN 03333).
    EPA also continued to use the quality assurance project plan (QAPP) 
developed for the 2005 annual review to document the type and quality 
of data needed to make the decisions in this annual review and to 
describe the methods for collecting and assessing those data (see EPA-
HQ-OW-2004-0032-0050). EPA used the following document to develop the 
QAPP for this annual review: ``EPA Requirements for QA Project Plans 
(QA/R-5), EPA-240-B01-003.'' Using the QAPP as a guide, EPA performed 
extensive quality assurance checks on the data used to develop 
estimates of toxic-weighted pollutant discharges (i.e., verifying 2003 
discharge data reported to TRI and the 2002 discharges of nutrients 
reported to PCS) to determine if any of the pollutant discharge 
estimates relied on incorrect or suspect data. For example, EPA 
contacted facilities and permit writers to confirm and, as necessary, 
corrected TRI and PCS data for facilities that EPA had identified in 
its screening-level review as the significant dischargers of nutrients 
and of toxic and non-conventional pollution.
    Based on this methodology, EPA prioritized for potential revision 
industrial categories that offered the greatest potential for reducing 
hazard to human health and the environment. EPA assigned those 
categories with the lowest estimates of toxic-weighted pollutant 
discharges a lower priority for revision (i.e., industrial categories 
marked ``3'' in the ``Findings'' column in Table V-1).
    In order to further focus its inquiry during the 2006 annual 
review, EPA did not prioritize for potential revision categories for 
which effluent guidelines had been recently promulgated or revised, or 
for which effluent guidelines rulemaking was currently underway (i.e., 
industrial categories marked ``1'' in the ``Findings'' column in Table 
V-1). For example, EPA excluded facilities that are associated with the 
Chlorine and Chlorinated Hydrocarbon (CCH) Manufacturing effluent 
guidelines rulemaking (formerly known as the ``Vinyl Chloride and 
Chlor-Alkali Manufacturing'' effluent guidelines rulemaking) currently 
underway, subtracting the pollutant discharges from these facilities in 
its 2006 hazard assessment of the Organic Chemicals, Plastics, and 
Synthetic Fibers (OCPSF) and Inorganic Chemicals point source 
categories to which CCH facilities belong.
    Additionally, EPA applied less scrutiny to industrial categories 
for which EPA had promulgated effluent guidelines or pretreatment 
standards within the past seven years. EPA chose seven years because 
this is the time it customarily takes for the effects of effluent 
guidelines or pretreatment standards to be fully reflected in pollutant 
loading data and TRI reports (in large part because effluent 
limitations guidelines are often incorporated into NPDES permits only 
upon re-issuance, which could be up to five years after the effluent 
guidelines or pretreatment standards are promulgated). Because there 
are 56 point source categories (including over 450 subcategories) with 
existing effluent guidelines and pretreatment standards that must be 
reviewed annually, EPA believes it is important to prioritize its 
review so as to focus on industries where changes to the existing 
effluent guidelines or pretreatment standards are most likely to be 
needed. In general, industries for which new or revised effluent 
guidelines or pretreatment standards have recently been promulgated are 
less likely to warrant such changes. However, in cases where EPA 
becomes aware of the growth of a new industrial activity within a 
category for which EPA has recently revised effluent guidelines or 
pretreatment standards, or where new concerns are identified for 
previously unevaluated pollutants discharged by facilities within the 
industrial category, EPA would apply more scrutiny to the category in a 
subsequent review. EPA identified no such instance during the 2006 
annual review.
    EPA also did not prioritize for potential revision at this time 
categories for which EPA lacked sufficient data to determine whether 
revision would be appropriate. For industrial categories marked ``5'' 
in Table V-1, EPA lacks sufficient information on the magnitude of the 
toxic-weighted pollutant discharges associated with these categories. 
EPA will seek additional information on the discharges from these 
categories in the next annual review in order to determine whether a 
detailed study is warranted. EPA typically performs a further 
assessment of the pollutant discharges before starting a detailed study 
of an industrial category. This assessment provides an additional level 
of quality assurance on the reported pollutant discharges and number of 
facilities that represent the majority of toxic-weighted pollutant 
discharges. EPA may also develop a preliminary list of potential 
wastewater pollutant control technologies before conducting a detailed 
study. See the appropriate section in the TSD for the 2006 Plan (DCN 
3402) for EPA's data needs for these industrial categories. For 
industrial categories marked ``4'' in Table V-1, EPA has sufficient 
information on the toxic-weighted pollutant discharges associated with 
these categories to start a detailed study of these industrial 
categories in the 2007 annual review. EPA intends to use the detailed 
study to obtain information on hazard, availability and cost of 
technology options, and other factors in order to determine if it would 
be appropriate to identify the category for possible effluent 
guidelines revision. In the 2007 annual review, EPA will conduct 
detailed studies of four such categories.
    As part of its 2006 annual review, EPA also considered the number 
of facilities responsible for the majority of the estimated toxic-
weighted pollutant discharges associated with an industrial activity. 
Where only a few facilities in a category accounted for the vast 
majority of toxic-weighted pollutant discharges (i.e., categories 
marked ``(2)'' in the ``Findings'' column in Table V-1), EPA did not 
prioritize the category for potential revision. EPA believes that 
revision of individual permits for such facilities may be more 
effective than a revised national effluent guideline at addressing the 
hazard from the category because individual permit requirements can be 
better tailored to these few facilities and may take considerably less 
time to establish than a national effluent guideline. The Docket 
accompanying this notice lists facilities that account for the vast 
majority of the estimated toxic-weighted pollutant discharges for 
particular categories (see DCN 3402). For these facilities, EPA will 
consider identifying pollutant control and pollution prevention 
technologies that will assist permit writers in developing facility-
specific, technology-based effluent limitations on a best professional 
judgment (BPJ) basis. In future annual reviews, EPA also intends to re-
evaluate each category based on the information available at the time 
in

[[Page 76650]]

order to evaluate the effectiveness of the BPJ permit-based support.
    EPA received comments urging the Agency to encourage and recognize 
voluntary efforts by industry to reduce pollutant discharges, 
especially when the voluntary efforts have been widely adopted within 
an industry and the associated pollutant reductions have been 
significant. EPA agrees that industrial categories demonstrating 
significant progress through voluntary efforts to reduce hazard to 
human health or the environment associated with their effluent 
discharges would be a comparatively lower priority for effluent 
guidelines or pretreatment standards revision, particularly where such 
reductions are achieved by a significant majority of individual 
facilities in the industry. Although during this annual review EPA 
could not complete a systematic review of voluntary pollutant loading 
reductions, EPA's review did indirectly account for the effects of 
successful voluntary programs because any significant reductions in 
pollutant discharges should be reflected in discharge monitoring and 
TRI data, as well as any data provided directly by commenters, that EPA 
used to assess the toxic-weighted pollutant discharges.
    EPA also received comment urging the Agency to consider the 
availability and affordability of pollution-control technology in 
prioritizing effluent guidelines for revision. As was the case in the 
2004 annual review, EPA was unable to gather the data needed to perform 
a comprehensive screening-level analysis of the availability of 
treatment or process technologies to reduce toxic pollutant wastewater 
discharges beyond the performance of technologies already in place for 
all of the 56 existing industrial categories. However, EPA believes 
that its analysis of hazard is useful for assessing the effectiveness 
of existing technologies because it focuses on the amount and 
significance of pollutants that are still discharged following existing 
treatment. Therefore, by assessing the hazard associated with 
discharges from all existing categories in its screening-level review, 
EPA was indirectly able to assess the possibility that further 
significant reductions could be achieved through new pollution control 
technologies for these categories. In addition, EPA directly assessed 
the availability of technologies for certain industries that were 
prioritized for a more in-depth review as a result of the screening 
level analysis. See DCN 3400, DCN 3401, and Sections 6-18 of the TSD 
for the final 2006 Plan.
    Similarly, EPA could not identify a suitable screening-level tool 
for comprehensively evaluating the affordability of treatment or 
process technologies because the universe of facilities is too broad 
and complex. EPA could not find a reasonable way to prioritize the 
industrial categories based on readily available economic data. In the 
past, EPA has gathered information regarding technologies and economic 
achievability through detailed questionnaires distributed to hundreds 
of facilities within a category or subcategory for which EPA has 
commenced rulemaking. Such information-gathering is subject to the 
requirements of the Paperwork Reduction Act (PRA), 33 U.S.C. 3501, et 
seq. The information acquired in this way is valuable to EPA in its 
rulemaking efforts, but the process of gathering, validating and 
analyzing the data can consume considerable time and resources. EPA 
does not think it appropriate to conduct this level of analysis for all 
point source categories in conducting an annual review. Rather, EPA 
believes it is appropriate to set priorities based on hazard and other 
screening-level factors identified above, and to directly consider the 
availability and affordability of technology only in conducting the 
more in-depth reviews of prioritized categories. For these prioritized 
categories, EPA may conduct surveys or other PRA data collection 
activities in order to better inform the decision on whether effluent 
guidelines are warranted. Additionally, EPA is working to develop tools 
for directly assessing technological and economic achievability as part 
of the screening-level review in future annual reviews under section 
301(d), 304(b), and 307(b) (see DCN 2490). EPA solicits comment on how 
to best identify and use screening-level tools for assessing 
technological and economic achievability on an industry-specific basis 
as part of future annual reviews.
    In summary, through its screening level review, EPA focused on 
those point source categories that appeared to offer the greatest 
potential for reducing hazard to human health or the environment, while 
assigning a lower priority to categories that the Agency believes are 
not good candidates for effluent guidelines or pretreatment standards 
revision at this time. This enabled EPA to concentrate its resources on 
conducting more in-depth reviews of certain industries prioritized as a 
result of the screening level analysis, as discussed below (see section 
V.A.3.b and c). EPA also took a closer look at industries identified by 
stakeholders as high-priority, as discussed below (see section 
V.A.3.d).
b. Detailed Study of Two Categories
    In addition to conducting a screening-level review of all existing 
categories, EPA did a detailed study of two categories prioritized for 
further review: The Pulp, Paper and Paperboard point source category 
and the Steam Electric Generating point source category. For these 
industries, EPA gathered and analyzed additional data on pollutant 
discharges, economic factors, and technology issues during its 2006 
annual review. EPA examined: (1) Wastewater characteristics and 
pollutant sources; (2) the pollutants driving the toxic-weighted 
pollutant discharges; (3) treatment technology and pollution prevention 
information; (4) the geographic distribution of facilities in the 
industry; (5) any pollutant discharge trends within the industry; and 
(6) any relevant economic factors.
    EPA relied on many different sources of data including: (1) The 
2002 U.S. Economic Census; (2) TRI and PCS data; (3) contacts with 
reporting facilities to verify reported releases and facility 
categorization; (4) contacts with regulatory authorities (states and 
EPA regions) to understand how category facilities are permitted; (5) 
NPDES permits and their supporting fact sheets; (6) monitoring data 
included in facility applications for NPDES permit renewals (Form 2C 
data); (7) EPA effluent guidelines technical development documents; (8) 
relevant EPA preliminary data summaries or study reports; (9) technical 
literature on pollutant sources and control technologies; (10) 
information provided by industry including industry conducted survey 
and sampling data; and (11) stakeholder comments (see DCN 3403).
    During its 2005 annual review, EPA started detailed studies for the 
Pulp, Paper, and Paperboard point source category (Part 430) and the 
Steam Electric Power Generating point source category (Part 423) 
because they represent the two industrial point source categories with 
the largest combined TWPE based on EPA's ranking approach. EPA 
continued these detailed studies during its 2006 annual review. EPA had 
planned to complete both of these detailed studies in its 2006 annual 
review, prior to publication of the final 2006 Plan. However, EPA was 
only able to complete the detailed study for the Pulp, Paper, and 
Paperboard category. See section V.B.2.a. EPA is continuing its 
detailed study of the Steam Electric Power Generating category during 
the 2007 and 2008 annual reviews. See section V.B.2.b.

[[Page 76651]]

c. Further Review of Prioritized Categories
    In addition to identifying two categories for detailed studies 
during the 2005 review, EPA identified 11 additional categories with 
potentially high TWPE discharge estimates. For a listing of these 
categories and EPA's 2005 review of them, see Preliminary 2005 Review 
of Prioritized Categories of Industrial Dischargers, EPA 821-B-05-004. 
EPA continued its review of these categories during 2006, using the 
same types of data sources used for the detailed studies but in less 
depth. EPA did not conduct a detailed study for these categories at 
this time because EPA needed additional information regarding these 
industries to determine whether a detailed study would be warranted. 
See the appropriate section in the TSD for the 2006 Plan (DCN 3402) for 
EPA's data needs for these industrial categories. EPA typically 
performs a further assessment of the pollutant discharges before 
starting a detailed study of an industrial category. This assessment 
provides an additional level of quality assurance on the reported 
pollutant discharges and number of facilities that represent the 
majority of toxic-weighted pollutant discharges. EPA may also develop a 
preliminary list of potential wastewater pollutant control technologies 
before conducting a detailed study.
d. Public Comments
    EPA's annual review process considers information provided by 
stakeholders regarding the need for new or revised effluent limitations 
guidelines and pretreatment standards. To that end, EPA established a 
docket for its 2005 annual review with the publication of the final 
2004 Plan to provide the public with an opportunity to provide 
additional information to assist the Agency in its 2005 annual review. 
EPA's Regional Offices and stakeholders identified other industrial 
point source categories as potential candidates for revision of 
effluent limitations guidelines and pretreatment standards based on 
potential opportunities to improve implementation of these regulations 
or because of their pollutant discharges (see EPA-HQ-OW-2004-0032-
0020). Additionally, EPA solicited public comment on its preliminary 
2006 Plan, as well as data and information to assist the Agency in its 
2006 annual review. See August 29, 2005 (70 FR 51042). EPA received a 
total of 61 public comments on its 2005 annual review and the 
preliminary 2006 Plan. These public comments prompted EPA to review, in 
particular, the following categories: Organic Chemicals, Pesticides and 
Synthetic Fibers (Part 414), Coal Mining (Part 434); and Oil and Gas 
Extraction (Part 435) (only to assess whether to include the Coal Bed 
Methane extraction industry as a potential new category). See Section 
V.B.4.

B. What Were EPA's Findings From Its 2006 Annual Review for Categories 
Subject to Existing Effluent Guidelines and Pretreatment Standards?

1. Screening-Level Review
    In its 2006 screening level review, EPA considered hazard--and the 
other factors described in section A.3.a. above--in prioritizing 
effluent guidelines for potential revision. See Table V-1 for a summary 
of EPA's findings with respect to each existing category; see also the 
Final 2006 TSD. Out of categories subject only to the screening level 
review in 2006, EPA is not identifying any for effluent guidelines 
rulemaking at this time, based on the factors described in section 
A.3.a above and in light of the effluent guidelines rulemakings and 
detailed studies in progress based on prior annual reviews and other 
events.
2. Detailed Studies
    As a result of its 2005 screening-level review, EPA started 
detailed studies of two industrial point source categories with 
existing effluent guidelines and pretreatment standards: Pulp, Paper, 
and Paperboard (Part 430) and Steam Electric Power Generating (Part 
423). During detailed study of these categories, EPA first investigated 
whether the pollutant discharges reported to TRI and PCS for 2002 
accurately reflect the current discharges of the industry. EPA also 
performed an in-depth analysis of the reported pollutant discharges, 
and technology innovation and process changes in these industrial 
categories. Additionally, EPA considered whether there are industrial 
activities not currently subject to effluent guidelines or pretreatment 
standards that should be included with these existing categories, 
either as part of existing subcategories or as potential new 
subcategories. EPA used these detailed studies to determine whether EPA 
should identify in the final 2006 Plan one or both of these industrial 
categories for possible revision of their existing effluent guidelines 
and pretreatment standards.
    Based on the information available to EPA at this time, EPA was 
able to complete its detailed study for the Pulp, Paper, and Paperboard 
category, finding that revision of the effluent guidelines for this 
category is not appropriate at this time for the reasons discussed 
below. However, EPA was unable to complete its detailed study for the 
Steam Electric Power Generating category. Consequently, EPA is 
continuing its study of the Steam Electric Power Generating category in 
its 2007 and 2008 annual reviews to determine whether to identify this 
category for effluent guidelines revision. EPA's reviews of these two 
categories are described below.
a. Pulp, Paper, and Paperboard (Part 430)
    As a result of its 2005 screening-level review, EPA initiated a 
detailed study of the Pulp, Paper, and Paperboard point source category 
because it ranked highest in terms of toxic and non-conventional 
pollutant discharges among the industrial point source categories 
investigated in the screening-level analysis. Dioxins and dioxin-like 
compounds accounted for 91% of the combined TRI and PCS TWPE for this 
category in the 2005 screening-level analysis while polycyclic aromatic 
compounds (PACs), metals, and nitrates, not currently regulated by 
these effluent guidelines, accounted for an additional 7% of the 
category's total TWPE.\3\ EPA issued a Preliminary Report: Pulp, Paper, 
and Paperboard Detailed Study (August 2005, EPA-821-B-05-007) along 
with the Preliminary 2006 Plan, describing its initial review of TRI 
and PCS data, information provided by industry and by States, and NPDES 
permits.
---------------------------------------------------------------------------

    \3\ After additional analysis, including information provided in 
comments on EPA's preliminary Detailed Study (see DCN 02177), EPA 
determined that dioxins and dioxin-like compounds accounted for 81% 
of the combined TRI and PCS TWPE for this category.
---------------------------------------------------------------------------

    In the 2006 annual review, EPA obtained additional information and 
permits from States and industry including corrections for the TRI and 
PCS databases. All-in-all, EPA reviewed effluent discharge data for all 
76 bleached papergrade kraft and sulfite mills, known collectively as 
the ``Phase I'' mills. EPA also reviewed effluent discharges for non-
bleaching pulp mills, secondary (recycled) fiber mills, and paper and 
paperboard mills in eight subcategories (Subparts C and F through L), 
known collectively as the ``Phase II'' mills. EPA did not review in 
detail the three remaining dissolved kraft and dissolved sulfite mills 
(Subparts A and D), known as the ``Phase III'' mills. Because of the 
limited and declining number of facilities in Phase III, EPA believes 
that support to permit writers in establishing facility-specific 
effluent

[[Page 76652]]

limits based on their Best Professional Judgment (BPJ) is more 
appropriate than effluent guidelines rulemaking at this time. NPDES 
permits for Phase III mills will continue to include effluent 
limitations that reflect a determination of BAT based on BPJ or, if 
necessary, more stringent limitations to ensure compliance with 
applicable water quality standards.
    The most recent changes to EPA's effluent limitations guidelines 
and pretreatment standards for this point source category, known as 
part of the ``Cluster Rules,'' were new limits for Phase I facilities 
in the Bleached Papergrade Kraft and Soda (Subpart B) and Papergrade 
Sulfite (Subpart E) subcategories (April 15, 1998; 63 FR 18504). EPA 
promulgated limits for dioxin, furan, chloroform, chlorinated phenolic 
compounds, and adsorbable organic halides (AOX). EPA provided reduced 
monitoring requirements for bleached papergrade kraft mills that employ 
totally chlorine free (TCF) bleaching and for certain segments of the 
Papergrade Sulfite subcategory. As part of the detailed study, EPA 
reviewed the implementation status of the Cluster Rules. Seven permits 
do not yet include Cluster Rule limits because the revised permits are 
either being contested or have not been reissued. Two permits allow for 
demonstration of compliance with the AOX limit at alternate monitoring 
locations (see DCN 3400).
    EPA studied in detail how releases of dioxin and dioxin-like 
compounds are reported to PCS and TRI. Mills file Discharge Monitoring 
Reports (DMRs) with their permitting authority, usually the state, once 
a month or at other specified frequencies, as required by their 
permits. Each mill's NPDES permit specifies the pollutants to monitor 
and at what frequency. States enter mill-provided DMR data, both for 
bleach plant effluent monitoring and final effluent monitoring, into 
EPA's national PCS database. TRI requires that facilities report 
releases if they manufacture, process, or otherwise use more than 0.1 
grams/year of dioxin and dioxin-like compounds. Mills report the mass 
discharged to surface waters (for facilities discharging directly to a 
receiving stream) or transferred to a POTW (for indirect dischargers). 
They are not, however, required to report releases less than 0.0001 
gram/year (100 micrograms/year). Unlike NPDES permit compliance 
monitoring, TRI does not require facilities to measure waste stream 
pollutant concentrations. Instead, facilities may use emission factors, 
mass balances, or other engineering calculations to estimate releases. 
Facilities may estimate their releases using monitoring data collected 
prior to the year for which they are reporting discharges if they 
believe the data are representative of reporting year operations. 
Additionally, mills are only required to report to TRI the total mass 
of the 17 dioxin and dioxin-like compounds released to surface waters 
or POTWs but not the distribution of the 17 compounds, although they 
have different toxicities.
    Only 15 mills report releases based on measured concentrations in 
their wastewater. EPA obtained mill-specific measured concentrations of 
the 17 dioxin and dioxin-like compounds from six out of the 15 mills 
that based their estimated 2002 discharges on measurements. For these 
six mills, all but 636 of the 226,444 TWPE for dioxin and dioxin-like 
compounds that they reported to TRI are based on measurements below the 
Method 1613B minimum level (ML). A method minimum level is the level or 
concentration at which the analytical system gives recognizable signals 
and an acceptable calibration point. The accuracy of concentrations 
measured below the Method 1613B ML is less certain than concentrations 
measured at or above the method ML. Traditionally in effluent 
guidelines rulemakings EPA establishes numerical effluent limits at or 
above the ML of the analytical method because individual measurements 
below the ML are not considered reliable enough for regulatory 
purposes.
    NPDES permits require mills to monitor pollutants discharged and 
report the results to their state on a monthly basis or at other 
specified frequencies. The States, in turn, submit these data to PCS. 
Reporting of monitoring results measured at or below the method ML 
varies widely. These results may be reported as ``0,'' ``non-detect,'' 
``less than ML,'' or a numeric value. The Cluster Rules require Phase I 
mills to monitor for the most toxic dioxin forms: 2,3,7,8-
tetrachlorodibenzo-p-dioxin (TCDD) and 2,3,7,8-tetrachlorodibenzofuran 
(TCDF) in their bleach plant effluent. Some permit writers also require 
monitoring of TCDD in mill final effluent. In 2002, only one mill 
reported detecting TCDD in its final effluent. Since 2002, this mill 
has changed its operations and has not reported dioxin releases (see 
EPA-HQ-OW-2004-0032-0021). TCDD was not detected in bleach plant 
effluent above the Method 1613B ML at any of the 51 mills for which EPA 
has data for the period 2002 to 2004. TCDF was detected above the 
Method 1613B ML in bleach plant effluent at four bleached papergrade 
kraft mills and one papergrade sulfite mill. For the bleached 
papergrade kraft and soda (Subpart B) mills, all reported effluent 
discharge concentrations of TCDF were below the Daily Maximum BAT 
effluent guideline of 31.9 picograms/liter. For the papergrade sulfite 
(Subpart E) mills, the Daily Maximum BAT effluent guideline is 
expressed as ``