Notice of Final 2010 Effluent Guidelines Program Plan, 66286-66304 [2011-27742]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 207 (Wednesday, October 26, 2011)]
[Notices]
[Pages 66286-66304]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27742]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2008-0517; FRL-9483-4]
RIN 2040-AF06


Notice of Final 2010 Effluent Guidelines Program Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice presents the final 2010 Effluent Guidelines 
Program Plan(``final 2010 Plan''), which, as required under the Clean 
Water Act (CWA), identifies any new or existing industrial dischargers, 
both those discharging directly to surface waters and those discharging 
to publicly owned treatment works (POTWs), selected for effluent 
guidelines rulemaking and provides a schedule for such rulemakings. CWA 
section 304(m) requires EPA to biennially publish such a plan after 
public notice and comment. The Agency published the preliminary 2010 
Plan on December 28, 2009 (74 FR 68599) and solicited comments from the 
public for 60 days.
    After considering rulemakings already in development, the 2010 
reviews, the preliminary Plan and public comments and input to 
determine what, if any, new rulemakings should be initiated, EPA has 
decided to develop effluent guidelines and standards for the discharge 
of wastewater from the Coalbed Methane Extraction (CBM) industry and 
will develop pretreatments requirements for discharges of mercury from 
the Dental industry, and for the discharges of wastewater from the 
Shale Gas Extraction (SGE) industry.
    EPA is also issuing the detailed study report for the Coalbed 
Methane Extraction and the preliminary study report of the Ore Mining 
and Dressing industry.
    This notice also solicits public comments on EPA's 2011 reviews 
pursuant to the authority of CWA sections 304(b), 304(g), 301(d) and 
307(b).

DATES: Submit comments on or before November 25, 2011.

ADDRESSES: Submit your comments on the final 2010 Plan, identified by 
Docket ID No. EPA-HQ-OW-2008-0517, by one of the following methods:
    (1) https://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-
2008-0517.
    (3) Mail: Water Docket, Environmental Protection Agency, Mailcode: 
4203M,

[[Page 66287]]

1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID 
No. EPA-HQ-OW-2008-0517. Please include a total of 3 copies.
    (4) Hand Delivery: Water Docket, EPA Docket Center, EPA West, Room 
3334, 1301 Constitution Ave., NW., Washington, DC, Attention Docket ID 
No. EPA-HQ-OW-2008-0517. 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-2008-
0517. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
https://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 (see below for instructions on 
submitting CBI). 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.

Submitting Confidential Business Information

    Do not submit confidential business information (CBI) to EPA 
through https://www.regulations.gov or e-mail. Any CBI you wish to 
submit should be sent via a trackable physical method, such as Federal 
Express or United Parcel Service, to Mr. M. Ahmar Siddiqui, Document 
Control Officer, Engineering and Analysis Division (4303T), Room 6231S 
EPA West, U.S. EPA, 1200 Pennsylvania Ave, NW., Washington, DC 20460. A 
CBI package should be double-wrapped, so that the CBI is in one 
package, which is itself inside another package. Clearly mark the part 
or all of the information that you claim to be CBI. For CBI information 
on a disk or CD-ROM that you mail to EPA, mark the outside of the disk 
or CD-ROM as CBI and then identify electronically within the disk or 
CD-ROM the specific information that is claimed as CBI. In addition to 
one complete copy of the material that includes information claimed as 
CBI, a copy of the material that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information marked as CBI will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2.
    Docket: All documents in the docket are listed in the index at 
https://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 https://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 2010 Effluent Guidelines Program Plan include the 
following:
     Technical Support Document for the 2010 Effluent 
Guidelines Program Plan, EPA-820-R-10-021, DCN 07320;
     Coalbed Methane Point Source Category: Detailed Study 
Report, EPA-820-R-10-022, DCN 09999;
     Draft Guidance Document: Best Management Practices for 
Unused Pharmaceuticals at Health Care Facilities, August 26, 2010, EPA-
821-R-10-006.
     Ore Mining and Dressing Category Preliminary Study, EPA-
820-R-10-025, DCN 07369.

Data and Information for the 2011 Annual Review

    Submit any data and information you have for the 2011 annual 
reviews, identified by Docket ID No. EPA-HQ-OW-2010-0824, by one of the 
methods described above.

FOR FURTHER INFORMATION CONTACT: Mr. William F. Swietlik at (202) 566-
1129 or swietlik.william@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 2010 Annual Review of Existing Effluent Guidelines and 
Pretreatment Standards Under CWA Sections 301(d), 304(b), 304(g), 
304(m), and 307(b)
VI. EPA's 2010 Evaluation of Categories of Indirect Dischargers 
Without Categorical Pretreatment Standards To Identify Potential New 
Categories for Pretreatment Standards
VII. The Final 2010 Effluent Guidelines Program Plan
VIII. EPA's 2011 Annual Review of Existing Effluent Guidelines and 
Pretreatment Standards Under CWA Sections 301(d), 304(b), 304(g), 
and 307(b)
IX. Request for Comment and Information

I. General Information

A. Does this action apply to me?

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

B. What should I consider as I prepare my comments for EPA for the 2011 
annual review?

1. 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.

[[Page 66288]]

     Explain your views as clearly as possible.
     Make sure to submit your comments by the comment period 
deadline identified.
     Follow the special procedures for submitting Confidential 
Business Information (CBI).

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, 307(b), 308, 33 U.S.C. 1311(d), 1314(b), 1314(g), 1314(m), 
1316, 1317(b), and 1318.

III. What is the purpose of this Federal Register notice?

    This notice presents EPA's 2010 review of existing effluent 
guidelines and pretreatment standards under CWA sections 301, 304 and 
307. 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) and 
(c). This notice presents the final 2010 Effluent Guidelines Program 
Plan (``final 2010 Plan''), which, as required under CWA section 
304(m), identifies any new or existing industrial categories selected 
for effluent guidelines rulemaking, as well as the establishment or 
revision of pretreatment standards, and provides a schedule for such 
rulemakings. CWA section 304(m) requires EPA to biennially publish such 
a plan after public notice and comment. The Agency published a 
preliminary 2010 Plan on December 28, 2009 (74 FRN 68599) and solicited 
comment through February 26, 2010. This notice also provides EPA's 
preliminary thoughts concerning its 2011 annual reviews under CWA 
sections 301(d), 304(b), 304(g), 306 and 307(b) and solicits comments, 
data and information to assist EPA in performing these reviews.

IV. Background

A. What are effluent guidelines and pretreatment standards?

    The CWA directs EPA to promulgate effluent limitations guidelines 
and standards (``effluent guidelines'') that reflect pollutant 
reductions that can be achieved by categories or subcategories of 
industrial point sources using technologies that represent the 
appropriate level of control. 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 publicly owned treatment works (POTWs), termed 
indirect dischargers, EPA promulgates pretreatment standards that apply 
to those sources and are enforced by the 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)(B)
    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 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

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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 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 guidelines selected for possible revision 
as a result of that annual review. Section 304(m) also requires the 
plan to 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); 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. See CWA section 304(m)(1)(C); NRDC et al. v. EPA, 542 F.3d 1235, 
1251 (9th Cir. 2008). 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).
    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 practicable 
control technology (all pollutants), 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)(1), 304(b)(2) and 304(b)(4), respectively. For over three 
decades, EPA has implemented sections 301 and 304 through the 
promulgation of effluent limitations guidelines, resulting in 
regulations for 57 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 revise existing pretreatment 
standards ``from time to time,'' section 304(g) requires an annual 
review. Therefore, EPA meets its 304(g) and 307(b) 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 identification of new industries 
for 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 2011 annual 
pretreatment standards review in the notice containing the Agency's 
2011 annual review of existing effluent guidelines and the preliminary 
2012 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 2010 Annual Review of Existing Effluent Guidelines and 
Pretreatment Standards Under CWA Sections 301(d), 304(b), 304(g), 
304(m), 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), 
304(m), and 307(b)?

1. Overview
    In its 2010 annual review, EPA reviewed all industrial categories 
subject to existing effluent limitations guidelines and pretreatment 
standards, representing a total of 57 point source categories and over 
450 subcategories. Generally, EPA uses four factors in a phased 
approach to review existing effluent limitations guidelines and 
pretreatment standards:
    (1) Pollutants discharged in an industrial category's effluent,

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    (2) Potential pollution prevention and control technology options,
    (3) Category growth and economic considerations of technology 
options, and
    (4) Implementation and efficiency considerations of revising 
existing effluent guidelines or publishing new effluent guidelines (see 
December 21, 2006; 71 FR 76666).
    In the 2010 annual review EPA incorporated, for the first time, 
discharge data from approximately 15,000 ``minor'' industrial 
dischargers. Point sources are generally classified as major or minor, 
depending on size and nature of the discharges. A major industrial 
discharger is a facility scoring over 80 points based on rating 
criteria. Minor industrial discharges are facilities that score below 
the criteria score of 80 on the rating scale.
2. What analyses did EPA perform for its 2009 and 2010 annual reviews 
of existing effluent guidelines and pretreatment standards?
a. Screening-Level Review
    The first component of EPA's 2010 annual review consisted of a 
screening-level review of all industrial categories subject to existing 
effluent guidelines or pretreatment standards. EPA focused its efforts 
on collecting and analyzing data to identify industrial categories 
whose pollutant discharges potentially are the most significant. EPA 
used Toxic Release Inventory (TRI), Permit Compliance System (PCS) and 
Integrated Compliance Information System--National Pollutant Discharge 
Elimination System (ICIS-NPDES) data to estimate the mass of pollutant 
discharges from industrial facilities. Because pollutant toxicities are 
different, EPA converted the toxic and non-conventional pollutant 
discharges that are reported in a mass unit (pounds) into a measure of 
relative toxicity--a toxic-weighted pound equivalent or TWPE.
    EPA calculated the TWPE for each pollutant discharged by 
multiplying the pollutant specific toxic weighting factor (TWF) and the 
mass of the pollutant discharge. Where data are available, these TWFs 
reflect both aquatic life and human health effects. EPA ranked point 
source categories according to their discharges of toxic and non-
conventional pollutants (reported in units of TWPE) to assess the 
significance of these toxic and non-conventional pollutant discharges 
to human health or the environment. EPA conducted this process for the 
2010 annual reviews using the most recent TRI, PCS and ICIS-NPDES data 
(2008).
    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 section V.B.4 
of this notice).
    In order to further focus its inquiry during the 2010 annual 
review, EPA assigned a lower priority for potential revision to 
categories for which effluent guidelines had been recently promulgated 
or revised, or for which effluent guidelines rulemaking was currently 
underway. EPA removed an industrial point source category from further 
consideration during the current review cycle if EPA established, 
revised, or reviewed in a rulemaking context the category's effluent 
guidelines after August 2003 (i.e., the last 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 of those permits, which could be up 
to five years after the effluent guidelines or pretreatment standards 
are promulgated). EPA also removed an industrial point source category 
from further consideration during the current review cycle if EPA 
recently completed a preliminary study or a detailed study and 
determined that no further action is necessary at this time. These 
categories are marked ``(1)'' in the ``Findings'' column in Table V-1 
in section V.B.4 of this notice.
    Because there are 57 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 result in further pollutant discharge reduction. In general, 
industries for which effluent guidelines or pretreatment standards have 
recently been promulgated are less likely to warrant such changes.
    As part of the 2010 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. 
EPA applied a lower priority for potential revision to industrial 
categories 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 in section V.B.4 
of this notice). EPA believes that revision of individual permits for 
such facilities may be more effective than a revised national 
rulemaking. Individual permit requirements can be better tailored to 
these few facilities and may take considerably less time and resources 
to establish than revising the national effluent guidelines. The Docket 
accompanying this notice lists facilities that account for the vast 
majority of the estimated toxic-weighted pollutant discharges for a 
particular category (see DCN 07320). 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 order to evaluate the effectiveness of the BPJ permit-based support.
    EPA also applied a lower priority to categories without sufficient 
data to determine whether revision would be appropriate. For any 
industrial categories marked ``(5)'' in the ``Findings'' column in 
Table V-1 in section V.B.4 of this notice, EPA lacks sufficient 
information at this time on the magnitude of the toxic-weighted 
pollutant discharges. EPA will continue reviewing available data on the 
discharges and 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. See the appropriate section in 
the TSD for the final 2010 Plan (see DCN 07320) for EPA's data needs 
for these industrial categories. 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.
    For industrial categories marked ``(4)'' in the ``Findings'' column 
in Table V-1 in section V.B.4 of this notice, EPA had sufficient 
information on the toxic-weighted pollutant discharges to continue or 
complete a detailed study of these industrial categories.
    For industrial categories marked ``(6)'' in the ``Findings'' column 
in Table V-1 in section V.B.4 of this notice, EPA is identifying this 
industry for a revised effluent guidelines rulemaking.

[[Page 66291]]

    Next, EPA considered the availability of technologies to reduce 
pollutant discharges. EPA does not have, for all of the 57 existing 
industrial categories, information about the availability of treatment 
or process technologies to reduce pollutant wastewater discharges 
beyond the performance of the technologies upon which existing effluent 
guidelines and standards were developed. At present 46 states and one 
U.S. territory are authorized to administer the CWA NPDES program. 
Under the CWA, permitting authorities must include water-quality based 
effluent limits where the technology-based effluent limits are not 
sufficient to meet applicable water quality standards. Therefore, 
dischargers may have already installed technologies that reduce 
pollutant discharges to a level below the original technology-based 
requirements in order to meet such water-quality based effluent 
limitations.
    Analyzing the significance of the remaining pollutant discharges is 
most useful for assessing the potential effectiveness of additional 
technologies because such an analysis focuses on the amount and 
significance of pollutant discharges that would actually be removed 
through new, technology-based nationally-applicable regulations for 
these categories. Where potential pollutant discharge reductions are 
not significant, there are likely few effective technology options for 
a technology-based rule. Once EPA determined which industries have the 
potential for significant additional pollutant removals, EPA further 
examined the availability of technologies for certain industries. For 
example, EPA identified technologies to minimize pollutant discharges 
from coalbed methane extraction facilities (see Coalbed Methane Point 
Source Category: Detailed Study Report, EPA-820-R-10-022, DCN 09999).
    EPA also considered whether there was a way to develop a suitable 
tool for comprehensively evaluating the availability and affordability 
of treatment or process technologies, but determined that there is not, 
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 engineering and economic data. In the past, EPA 
has gathered information regarding technologies and economic 
achievability for one industrial category at a time 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 is appropriate 
or feasible to conduct this level of analysis for all point source 
categories in conducting an annual review. Rather, EPA uses its 
analyses of existing pollutant discharges to identify the categories 
with the largest toxic-weighted discharges. From this smaller list of 
categories, EPA evaluates the possibility of effective technologies and 
selects certain industries for further examination (e.g., Preliminary 
Category Reviews, Detailed Studies).
    Additionally, when EPA becomes aware of the growth of a new 
industrial activity within an existing category or where new concerns 
are identified for previously unevaluated pollutants discharged by 
facilities within an industrial category, EPA applies more scrutiny to 
the category in a subsequent review.
    EPA also considers 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. These 
industries are sometimes suggested by commenters during the public 
comment period or may come to EPA's attention in other ways.
    EPA also continued to use the quality assurance project plan (QAPP) 
developed for the 2009 annual review to document the type and quality 
of data needed to make the decisions in this 2010 annual review and to 
describe the methods for collecting and assessing those data (see EPA-
820-R-10-021). EPA performed quality assurance checks on the data used 
to develop estimates of toxic-weighted pollutant discharges (i.e., 
verifying 2008 discharge data reported to TRI, PCS and ICIS-NPDES) to 
determine whether 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, correct TRI, PCS or ICIS-
NPDES data for facilities that EPA had identified in its screening-
level review as the significant dischargers.
    In summary, through its screening level review, EPA focused on 
those point source categories that appeared to have the greatest 
potential for reducing hazard to human health and the environment. This 
enabled EPA to concentrate its resources on conducting more in-depth 
reviews of the higher priority categories.
b. Further Review of Prioritized Categories
    EPA conducts a preliminary category review when it lacks sufficient 
data to determine whether a regulatory revision would be appropriate 
and for which EPA is performing a further assessment of pollutant 
discharges before starting a detailed study. These assessments provide 
an additional level of quality assurance on the reported pollutant 
discharges and number of facilities that represent the majority of 
toxic-weighted pollutant discharges.
    In conducting a preliminary category review, EPA uses the same 
types of data sources used for the detailed studies or effluent 
guidelines development but in less depth. As part of the preliminary 
category reviews, EPA may evaluate technologies that could achieve 
better control of pollutant discharges. EPA might also conduct surveys 
or collect data from additional sources. The full description of EPA's 
methodology for the 2010 annual review is presented in the Technical 
Support Document (TSD) for the final 2010 Plan (see DCN 07320).
c. Detailed Studies
    EPA conducts detailed studies 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. The full description of EPA's 
methodology for the 2010 review is presented in the Technical Support 
Document (TSD) for the final 2010 Plan (see DCN 07320).
3. How did EPA's 2009 annual review influence its 2010 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 2009 annual review, which concluded the end of December 
2009, EPA continued detailed studies of the existing effluent 
guidelines and pretreatment standards for two industrial categories: 
Oil and Gas Extraction category (Part 435) for the purpose of assessing 
whether to revise the limits to include coalbed methane

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extraction as a new subcategory, and Hospitals (Part 460) which is part 
of the Health Care Industry detailed study on the management of unused 
pharmaceuticals. In addition, EPA conducted a preliminary study of the 
Ore Mining and Dressing category (part 440) during 2009. EPA used the 
findings, data and comments on the 2009 annual review to inform its 
2010 annual review and the final 2010 Plan. The 2010 review also built 
on the previous reviews by incorporating some refinements to assigning 
discharges to categories and updating toxic weighting factors.
    EPA published the findings from its 2009 annual review with its 
preliminary 2010 Plan (December 28, 2009, 74 FRN 68599), making the 
pollutant discharge and industry profile data available for public 
comment. Docket No. EPA-HQ-OW-2008-0517.
4. How did EPA consider public comments in its 2010 annual review?
    EPA's annual review process considers information provided by 
stakeholders regarding the need for new or revised effluent limitations 
guidelines and pretreatment standards. Public comments received on 
EPA's prior reviews and Plans helped the Agency prioritize its analysis 
of existing effluent guidelines and pretreatment standards during the 
2010 review. Public comments, depending on the number, the issues, the 
data and information submitted and the recommendations made therein, 
can influence the annual review.
    In accordance with CWA section 304(m)(2), EPA published the 
preliminary 2010 Plan for public comment prior to this publication of 
the final 2010 Plan. See December 28, 2009 (74 FRN 68599). The Docket 
accompanying this notice includes a complete set of all of the comments 
submitted, as well as the Agency's responses (see DCN 07368). The 
Agency received 51 sets of comments on the preliminary 2010 Plans.
    Commenting organizations representing industry included the 
American Petroleum Institute, American Health Care Association, 
Independent Petroleum Association of America, National Association of 
Clean Water Agencies, American Dental Association, American Water Works 
Association, and the National Mining Association.
    Six environmental groups commented, including the Northern Plains 
Resources Council, Earth Justice, Environmental Integrity Project and 
the Powder River Basin Council.
    Eight states, or state representing organizations, also commented, 
including the states of WY, MT, NY, WI, OR, FL, ID and the Quicksilver 
Caucus.
    EPA received comments from 22 private individuals, all addressing 
the issue of the environmental impacts of hydraulic fracturing used in 
shale gas extraction. Most of these individuals were from NY and PA, 
and their comments reflected concerns about shale gas extraction in the 
Marcellus Shale formation.
    EPA also received comments from one Tribal Nation (the Northern 
Cheyenne) and four local organizations (Tompkins County Senior Citizen 
Council, St. Paul MetroCouncil, Bay Area Pollution Prevention Group and 
Albany Medical College).
    Comments were distributed among the following subject areas, in 
order of abundance:

--Coalbed Methane and Shale Gas Extraction (40 comments)
--Health Care Industry--(unused pharmaceuticals) (35 comments)
--Ore Mining and Dressing (2 comments)
--Steam Electric Power Generation (2 comments)
--Effluent limitation guidelines (ELGs) and Plan process in general (2 
comments)
--Dental Amalgam (1 comment)
--Other (2 comments)

    For coalbed methane, there were seven comments that also expressed 
concern with the practice of shale gas extraction; 13 comments 
requesting that EPA examine shale gas extraction in the coalbed methane 
detailed study; seven requests to not add shale gas extraction to the 
coalbed methane study; six commenters who suggested that EPA should do 
a coalbed methane ELG rule; and seven commenters who suggested that EPA 
not do a rule.
    For the Health Care industry, in particular the management of 
unused pharmaceuticals, EPA received three comments supporting the 
detailed study; three comments suggesting EPA work more closely with 
the U.S. Drug Enforcement Agency (DEA); four comments that explained 
EPA should work with the Food and Drug Administration (FDA) and health 
insurance companies to encourage unused pharmaceutical returns and a 
coordinated message about such; twelve comments indicating EPA should 
develop BMPs, disposal guidance, flyers and other disposal information; 
three comments supporting take-back programs; six comments that 
suggested current disposal practices are barriers to return/reuse; and 
four comments indicating that pharmaceutical flushing should be 
controlled by sewage treatment authorities.
    For the Ore Mining and Dressing category there were two comments 
that stated EPA should not develop a new ELG.
    For the Steam Electric Power Generation industry, which is 
currently undergoing a revised ELG as a result of last year's Plan, 
there was one comment that supported EPA's selection of the steam 
electric industry for rulemaking, and one commenter that believed EPA 
made several errors in its detailed study final report.
    One commenter asked EPA to select the dental industry for an ELG 
rulemaking, arguing that the industry is responsible for half of the 
national mercury loadings to Publicly Owned Treatment Works (POTWs), 
and the ongoing activities under the Dental Amalgam control MOU are 
insufficient.
    A more detailed summary table of the comments can be found in the 
2010 TSD, EPA-820-R-10-021 (DCN 07320). EPA carefully considered all 
public comments and information submitted in developing the final 2010 
Plan. A comment response document is also available at (DCN 07368).

B. What were EPA's findings from its 2010 annual review for categories 
subject to existing effluent guidelines and pretreatment standards?

1. Screening-Level Review
    In its 2010 screening level review, EPA considered hazard, and the 
other factors described in section V.A.2. above, in prioritizing 
effluent guidelines for potential revision. See Table V-1 in section 
V.B.4 of this notice for a summary of EPA's findings with respect to 
each existing category; see also the TSD for the final 2010 Plan, EPA-
820-R-10-021, DCN 07320). Of the categories subject only to the 
screening level review in 2010, EPA is not identifying any for effluent 
guidelines rulemaking at this time, based on the factors described in 
section V.A above and in light of the effluent guidelines rulemakings 
in progress.
    EPA carefully examined the industrial categories currently 
regulated by existing effluent guidelines that cumulatively comprise 
95% of the reported hazard (reported in units of toxic-weighted pound 
equivalent or TWPE). The TSD for the preliminary 2010 Plan presents a 
summary of EPA's review of these 21 industrial categories (see DCN 
07320).
    EPA identified one category where additional data are required to 
evaluate toxic-weighted pollutant discharges. EPA will initiate a 
preliminary category review for the cellulosic products

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segment of the Plastics Molding and Forming (part 463) industrial 
category.
    Although EPA identified only one industrial category for 
preliminary category review in the 2010 annual review, EPA also 
identified that estimated toxic-weighted pollutant discharges of lead 
from the Pulp, Paper, and Paperboard (part 430) industrial category 
need further investigation. EPA intends to continue reviewing the Pulp, 
Paper and Paperboard industry during the 2011 annual review.
    EPA identified the need for additional data review as part of the 
2011 annual review for three industrial categories. See the appropriate 
section in the TSD for the final 2010 Plan, EPA-820-R-10-021, (see DCN 
07320) for a detailed discussion of EPA's findings for these industrial 
categories: Mineral Mining and Processing (part 436); Landfills (Part 
445); and Waste Combustors (part 444). See Section IX of this notice 
for the requested public comments. Based on new data submitted with 
public comment and screening-level data collected as part of the 2011 
annual review, EPA intends to re-evaluate the category toxic-weighted 
pollutant discharges.
2. Results of Detailed Studies
Oil and Gas Extraction (part 435)
    As a result of prior 304(m) planning, EPA initiated a detailed 
study of the coalbed methane industry and its wastewater discharges. 
Coalbed methane extraction is considered a subcategory of the Oil and 
Gas Extraction Point Source Category, although it is not currently 
subject to the effluent guidelines promulgated for this category. Since 
2006, the coalbed methane industry has expanded. In addition, EPA 
received comments in 2005, 2008, and again during the 2010 review from 
citizens and environmental advocacy groups requesting development of a 
regulation for coalbed methane extraction as well as for shale gas 
extraction, another subcategory of the Oil and Gas Extraction Point 
Source Category. Unlike coalbed methane extraction, however, shale gas 
extraction is now subject to effluent guidelines for the Oil and Gas 
Extraction Point Source Category, although there are currently no 
applicable categorical pretreatment standards for shale gas extraction.
    Coalbed methane-produced water discharges can impact receiving 
surface waters and soils. Saline discharges from coalbed methane 
operations can adversely affect aquatic life. The large volume of water 
discharged can also cause stream bank erosion and salt deposition, 
creating hardpan soil. Long-term impacts include sodium buildup, 
reduction of plant diversity, mobilization of salts and other elements, 
and alteration of surface and subsurface hydrology.
    Overview of Operations:
    Methane gas is naturally created during the geologic process of 
converting plant material to coal (coalification). To extract the 
methane, coalbed methane operators drill wells into coal seams and pump 
out ground water. Removing the ground water from the formation is 
necessary to produce coalbed methane, as the water removal reduces the 
pressure and allows the methane to release from the coal to produce 
flowing natural gas. In 2008, 252 coalbed methane operators managed 
approximately 55,500 coalbed methane wells in the U.S. in 13 distinct 
regions, called basins.
Produced Water
    The ground water that has been pumped out of the well, called 
``produced water,'' like most ground water found deep below the surface 
of the earth, has high salinity and can include pollutants such as 
chloride, sodium, sulfate, bicarbonate, fluoride, iron, barium, 
magnesium, ammonia, and arsenic. To quantify the amount of pollutants 
in coalbed methane produced waters, EPA relied on measuring total 
dissolved solids (TDS) and electrical conductivity (EC), which are bulk 
parameters for quantifying the total amount of dissolved solids in a 
wastewater.
    A single coalbed methane well can discharge thousands of gallons of 
produced water per day, and may discharge produced water for anywhere 
from 5 to 15 years. Coalbed methane wells have a distinctive production 
history characterized by an early stage when large amounts of water are 
produced to reduce reservoir pressure which in turn encourages release 
of gas; a stable stage when quantities of produced gas increase as the 
quantities of produced water decrease; and a late stage when the amount 
of gas produced declines and water production remains low.
    The quantity and quality of produced water varies from basin to 
basin, within a particular basin, from coal seam to coal seam, and over 
the lifetime of a coalbed methane well. For example, coalbed methane 
produced water volumes range from 1,000 gallons per day per well in the 
San Juan Basin to 17,000 gallons per day per well in the Powder River 
Basin.
Management of Produced Water
    Coalbed methane operators need to dispose of thousands of gallons 
of produced water per day for each coalbed methane well. Operators can 
employ a range of options for treatment and management of this 
wastewater.
    Preliminary estimates based on survey data predict that 
approximately 47 billion gallons of produced water are pumped annually 
from coal seams across the country. Approximately 45% of those produced 
waters are directly discharged to waters of the U.S., for a total 
national discharge of 22 billion gallons per year.
    Surface water discharge is most prevalent in three U.S. coalbed 
methane basins: The Black Warrior Basin in Alabama and Mississippi (11% 
of total coalbed methane surface discharges), the Powder River Basin in 
Wyoming and Montana (72% of total coalbed methane surface discharges), 
and the Raton Basin in Colorado and New Mexico (11% of total coalbed 
methane surface discharges). Many of these discharges are largely 
untreated. Surface discharge occurs rarely, if at all, in the other 
major commercial basins.
    In the other commercial basins in the U.S, coalbed methane 
operators are, for the most part, able to prevent discharging their 
produced water by discharging the water to land (where there may be 
other impacts to the soil or vegetation), re-injecting the produced 
water back into the ground, or using the water in one of many 
beneficial use options (e.g., stock watering, irrigation).
Treatment of Produced Waters
    Available technology options for adequately removing pollutants 
from produced water include ion exchange and reverse osmosis.
Summary of Outreach
    In 2007 EPA conducted several site visits to coalbed methane basins 
throughout the country and gathered information on potential treatment 
technologies for coalbed methane-produced water discharges. EPA also 
conducted widespread outreach with stakeholders, both in the industry 
and from the communities adjacent to coalbed methane basins. EPA 
conducted more than 30 site visits to locations in six coalbed methane 
basins and met with over 300 different stakeholders. EPA also conducted 
13 meetings and teleconferences with over 150 stakeholders. In addition 
to the extensive information collection through site visits and 
outreach, EPA acknowledged that an informed decision about rulemaking 
would

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require even more detailed information. EPA developed an industry 
questionnaire, solicited public comment twice, and in 2009 obtained OMB 
approval under the Paperwork Reduction Act, to conduct a mandatory 
survey directed at operators of coalbed methane projects which consist 
of a single well or a group of wells operated by the same company. The 
questionnaire collected technical and economic data in a two-part 
survey, a screener and a detailed survey, on the operations and 
operators of coalbed methane projects. Questionnaire responses arrived 
in early 2010 and the data was used by EPA to create national estimates 
of pollutant discharges across the country from the coalbed methane 
industry and to develop an economic profile of the industry.
    In response to the 2010 preliminary Plan, EPA received 32 comments 
on coalbed methane extraction. Comments from industry sources did not 
support rulemaking for coalbed methane, suggesting an effluent 
guideline was not appropriate due to the variability of produced water 
quality, quantity and available management techniques across the 
country. Additionally, industry stated that the current regulatory 
framework of site-specific BPJ permits was adequately addressing 
pollutant discharges from produced water discharges.
    The final detailed study report for coalbed methane is being issued 
concurrent with the publication of this FR Notice and is a part of the 
final 2010 Plan. The study report is available at DCN 09999.
    Coalbed methane production represents about 8% of natural gas 
production in this country, and coalbed methane extraction is expected 
to continue for decades. Of the 22 billion gallons of water discharged 
to surface water each year some has high total dissolved solids. The 
detailed study also found that there are readily available technologies 
to treat this produced water. As a result of the information gathered 
in the detailed study, EPA has decided to initiate rulemaking for 
coalbed methane extraction, a currently unregulated subcategory of the 
Oil and Gas Extraction Point Source Category.
3. Results of Preliminary Category Reviews
Ore Mining and Dressing (Part 440)
    As discussed in the 2008 Final Effluent Guidelines Program Plan, 
EPA conducted a preliminary study of facilities covered under 40 CFR 
part 440 ``Ore Mining and Dressing Point Source Category'' to examine 
why toxic weighted pollutant discharges by the ore mining industry 
ranked relatively high compared to other industries in the 2002 through 
2008 annual reviews. The purpose of the study was to identify, collect, 
and review readily available existing data and information on toxic 
pollutants in wastewater discharges to determine whether additional 
analysis or revision of 40 CFR part 440 might be warranted to better 
control toxic discharges.
    The preliminary study focused on active ore mines covered under 40 
CFR part 440 subpart J: ``Copper, Lead, Zinc, Gold, Silver, and 
Molybdenum Ores.'' These types of mines comprise approximately 76 
percent (263) of the approximately 345 ore mines in the United States. 
Inactive ore mines were not included as they are not covered by the 
effluent guidelines.
    Approximately 294 ore mines currently have National Pollutant 
Discharge Elimination System (NPDES) wastewater discharge permits. 
There is a difference between the total number of ore mines and the 
number with NPDES permits because not all ore mines have wastewater 
discharges. The approximately 1,870 placer mines, covered under 40 CFR 
part 440 subpart M, were not examined in this study because they employ 
mining practices and wastewater streams that are fundamentally 
different from mines covered under the other subparts of 40 CFR part 
440.
    The preliminary study examined information pertaining to the two 
types of wastewater discharged by ore mines: Process wastewater 
(including mine drainage) and stormwater. Process wastewater is covered 
under 40 CFR part 440. Stormwater is not covered under 40 CFR part 440 
unless it is commingled with process wastewater prior to discharge to a 
surface waterbody.
    The study was limited by incomplete national-level process 
wastewater discharge data, and the lack of any nationally 
representative stormwater data for the ore mines of interest. EPA did 
review available ore mine-specific process wastewater discharge 
information, available Total Maximum Daily Load (TMDL) reports, 
information for ore mine site stormwater discharges, and an industrial 
wastewater treatment technology, known as high density sludge 
recycling, which was identified during the course of the study.
    Based on EPA's review of toxic pollutant data, EPA found that in 
2007, the most recent year for which quality-checked data are 
available, approximately only two percent of ore mining facilities were 
responsible for approximately 90 percent of toxic weighted discharges 
by the ore mining industry for toxic pollutants.
    Given that only a small percentage of active ore mines account for 
the majority of toxic weighted discharges, this can best be addressed 
through permitting, compliance, and enforcement activities for the 
specific ore mining sources, rather than by revision of 40 CFR part 
440.
    While the available toxic pollutant data does not suggest that EPA 
revisit the ELG for ore mining and dressing (40 CFR part 440) at this 
time, the Agency currently remains concerned about many other types of 
mining-related water quality impairments. EPA has a number of 
activities that address discharges of pollutants from mines including 
interim guidance on Improving EPA Review of Appalachian Surface Coal 
Mining Operations Under the Clean Water Act, National Environmental 
Policy Act, and the Environmental Justice Executive Order, plans to 
revise the water quality criteria for selenium, increased attention on 
compliance with, and enforcement of, individual permit limits; improved 
permitting guidance and more stringent discharge monitoring 
requirements in permits.
    The Ore Mining Preliminary Study report is being issued concurrent 
with the publication of this FR Notice and represents a portion of the 
final 2010 Plan. The Ore Mining Preliminary Study report (EPA-820-R-10-
025) is available at DCN 07369.
4. Other Reviews
Shale Gas Extraction
Overview
    As discussed in the March 2011 ``Blueprint for a Secure Energy 
Future,'' (``Blueprint'') the production of domestic natural gas 
enhances energy security and fuels our nation's economy (DCN 07496). In 
2010, U.S. natural gas production reached its highest level in more 
than 30 years with much of the increase resulting from the production 
of natural gas from shale formations. This is due to recent advances in 
horizontal drilling and hydraulic fracturing that have made extraction 
of natural gas from shale formations more technically and economically 
feasible. The increase is expected to continue. The U.S. Department of 
Energy projects shale gas production as a percentage of the U.S. 
natural gas production will increase over the next 25 years from the 
current level of 14% to an estimated 45%.
    As indicated in the ``Blueprint,'' the Administration is taking 
several steps to

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ensure natural gas is developed in a safe and environmentally 
responsible manner. The ``Blueprint'' lists several initiatives to 
support these goals, including disclosure of fracturing chemicals, 
public meetings, EPA- and DOE-led research, the establishment of an 
expert panel to examine fracturing issues, and technical assistance to 
State regulators. In particular, the ``Blueprint'' directed the 
Secretary of Energy, in consultation with the EPA Administrator and 
Secretary of the Interior, to task the Secretary of Energy Advisory 
Board (SEAB) with establishing a subcommittee to examine issues related 
to shale gas production through hydraulic fracturing. The subcommittee 
is supported by DOE, EPA and DOI, and its membership extends beyond 
SEAB members to include leaders from industry, the environmental 
community, academia, and states. The subcommittee is working to 
identify both immediate steps that can be taken to improve the safety 
and environmental performance of fracturing and to provide consensus 
recommended advice to the agencies on practices for shale extraction to 
ensure the protection of public health and the environment. On August 
11, 2011, the Subcommittee submitted a 90-day report with its 
preliminary recommendations (DCN 07504). The report recommends measures 
to increase public disclosure and transparency and address concerns 
about air and water pollution. The report also recommends a range of 
tools for implementing these measures, including regulation, continuous 
improvement in best practices by industry, and ongoing research and 
development.
    Today's decision to initiate rulemaking is consistent with these 
initiatives in that it addresses potential environmental impacts 
associated with hydraulic fracturing. This is part of the 
Administration's commitment in the ``Blueprint'' to continue to review 
existing regulatory structures governing both onshore and offshore oil 
and gas development to identify potential efficiencies in those 
processes and any crucial gaps that pose safety and environmental 
risks.
    EPA will carefully consider the SEAB's preliminary and final 
recommendations as EPA develops regulatory options. EPA's regulatory 
action will complement and benefit by the initiatives already announced 
in the President's ``Blueprint.''
Introduction
    The production of natural gas from shale formations has increased 
over the past few years and the upward trend is expected to continue. 
For example, data from the Pennsylvania Department of Environmental 
Protection shows that the number of shale gas wells drilled in 
Pennsylvania increased substantially in the past few years, with more 
wells drilled and permits issued between January and April of 2010, 
than during all of 2008 (DCN 07474). As the number of shale gas wells 
in the U.S. increases, so too does the volume of shale gas wastewater 
that requires disposal. Wastewater associated with shale gas extraction 
can contain high levels of total dissolved solids (TDS), fracturing 
fluid additives, metals, and naturally occurring radioactive materials 
(NORM).
    EPA requested comments in the 2010 Preliminary Effluent Guidelines 
Plan on whether to include shale gas extraction as part of the Coal Bed 
Methane Detailed Study. Many of the comments on this topic expressed 
general concern about drinking water contamination and water quality 
impacts from shale gas extraction.
    Industry commenters asserted that a shale gas rulemaking was not 
needed since existing Oil and Gas Effluent Guidelines require zero 
discharge from shale gas extraction. Although the existing regulations 
for onshore oil and gas extraction prohibit direct discharges of 
wastewaters from shale gas extraction, the current regulations do not 
contain pretreatment standards for pollutants associated with these 
discharges. EPA also has data that document pollutants in wastewaters 
associated with shale gas extraction are not treated by the 
technologies typically used at publicly and privately owned treatment 
facilities (DCN 07477 and DCN 07472A1).
    EPA ultimately decided not to expand the Coal Bed Methane Study to 
include shale gas extraction. However, as a result of public comments, 
EPA began reviewing available data to inform a decision on whether or 
not a rulemaking to establish pretreatment standards for shale gas 
extraction was appropriate.
Overview of