EPA Releases Clean Water Act Final 2012 And Preliminary 2014 Effluent Guidelines Program Plans

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On September 16, 2014, the U.S. Environmental Protection Agency (EPA) released its Final 2012 Effluent Guidelines Program Plan (Final 2012 Plan) and the Preliminary 2014 Effluent Guidelines Program Plan (Preliminary 2014 Plan) under the Clean Water Act (CWA). 79 Fed. Reg. 55472. Under the CWA, EPA is require to publish biennially a plan for new and revised effluent guidelines that identifies any new or existing industrial categories selected for effluent guidelines rulemaking and provides a schedule for such rulemaking. EPA is requesting comment upon the two plans; the comment period closes on November 17, 2014.

The plans provide a summary of EPA’s review of effluent guidelines and pretreatment standards, consistent with CWA Sections 301(d), 304(b), 304(g), 304(m), and 307(b) and EPA’s evaluation of indirect discharges without categorical pretreatment standards to identify potential new categories for pretreatment standards under CWA Section 307(b). In the plans, EPA identifies new or existing industrial categories selected for effluent guidelines rulemakings, and provides a schedule for such rulemakings. In addition, the Plans present any new or existing categories of industry selected for further review and analysis. EPA announces three new and major efforts in the plans: a study of centralized waste treatment (CWT) facilities, a study on petroleum refineries, a preliminary categorical study of metal finishing operations and an evaluation of nanomaterials manufacturing and formulating.

  • Study of CWT facilities: EPA has decided to conduct a study of CWT facilities accepting oil and gas extraction wastewater. EPA is seeking data and information related to the extent to which CWT facilities accept such wastewater, available treatment technologies (and their associated costs), discharge characteristics, financial characteristics of CWT facilities, the environmental impacts of discharges from CWT facilities, as well as any other information believed to be relevant to EPA’s study of this issue.
  • Study of Petroleum Refineries: EPA plans to initiate a study of petroleum refineries (40 CFR Part 419). EPA specifically solicits data and information on the discharge of metals and dioxin from petroleum refineries, including the source(s) of these contaminants, either in crude oil sources or in the refining process, the effects of new air pollution controls on wastewater discharges at refineries, and information on current and future trends in oil refining processes. EPA also solicits data and information on current wastewater treatment technology performance at petroleum refineries, as well as any other information believed to be relevant to EPA’s study of this issue.
  • Preliminary Category Review of Metal Finishing: EPA plans to continue a preliminary category review of the metal finishing point source category (40 CFR Part 433). EPA solicits data and information regarding the discharge and treatment of metals, particularly chromium, nickel, and zinc, in addition to cadmium, copper, lead, silver and any others, to publicly owned treatment works (POTWs) by metal finishers, as well as any other information believed to be relevant to EPA’s review.

Nanomaterials manufacturing and formulating: EPA is collecting data and information on the potential industrial wastewater discharge hazards associated with nanomaterials manufacturing and formulating. EPA requests public comment and stakeholder input relating to any information or data available on the wastewater hazards and discharges associated with the manufacture of nanomaterials and their use in manufacturing or formulating products, as well as any other information believed to be relevant.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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