Modification to Effluent Guidelines Consent Decree http://www.epa.gov/OST/NEW/eglconsent.htinl
*fci-i1A United States Office of Water EPA-821-F-97-003
Environmental Protects Code 43Q3 f mj
Agency
Fact Sheet: Modification to Effluent Guidelines Consent Decree
Summary
EPA has obtained approval in U.S. District Court to modify a consent decree governing the Effluent
Guidelines Program. The modification extends the deadlines for several effluent guidelines rulemaking
projects. It allows the Agency to merge two related rulemakings, Metal Products and Machinery Phases 1
and 2, into one consolidated project. The Agency also signed a related settlement agreement, stating its
intent to take final action on a Clean Air Act NESHAP rule for the Pharmaceuticals industry,
simultaneously with final action on effluent guidelines for that industry.
Background
Effluent guidelines are national regulations that set numerical limits for specific pollutants in wastewater
from categories of industrial dischargers. The limits are based upon the application of specific process or
treatment technologies to control the pollutants present in industrial waste streams discharged to surface
waters and to POTWs. Although the guidelines are developed based upon particular technologies,
dischargers may meet their requirements using whatever combination of treatment technologies and
process changes they choose. Since the guidelines were first issued in 1974, the Agency has promulgated
limitations and standards for 51 industrial categories.
Effluent Guidelines Program Modifications
Development of effluent guidelines is largely governed by a consent decree in Natural Resources Defense
Council et al v. Browner (D.D.C. 89-2980, January 31, 1992). The decree requires EPA to propose and
take final action on effluent guidelines regulations for 19 industrial categories, and publish 11 preliminary
studies according to a prescribed schedule. The Agency has completed 4 regulations and 7 studies, and
published 3 other proposed rules required by the decree. The current modification extends deadlines for
completing work on the 3 proposed rules, 3 additional rules not yet proposed, and 4 studies.
Also included in the modification is the consolidation of two rule projects, Metal Products and Machinery
(MP&M) Phases 1 and 2, into one rule. EPA proposed the MP&M Phase 1 rule in May 1995 and began
work on the Phase 2 rule in 199S. The modification allows the Agency to publish a new proposal
covering MP&M Phase 1 and 2 facilities in 2000, with final action in 2002. The consolidated MP&M
project will allow the Agency to use its resources more effectively in developing a comprehensive final
rule. This consolidation was widely supported in public comments received after publication of the Phase
1 proposed rule.
EPA filed the unopposed motion in the U.S. District Court for the District of Columbia on January 31,
1997. Judge Royce C. Lamberth approved the motion on February 4, 1997.
Complete List of Revised Dates
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Modification to Effluent Guidelines Consent Decree
http://www.epa.gov/OST/NEW/eglcoosenthim
Complete List of Revised Dates
Proposed
Final Action
Rules Previously Proposed
Centralized Waste Treatment
Pharmaceutical Manufacturing
Metal Products & Machinery
1/27/95*
5/2/95*
5/30/95* (Phase n
10/00(Phasesl&2
re-proposal)
8/15/99
4/98
12/02
Rules to be Proposed
Metal Products & Machinery, Phase
2
Industrial Laundries
Landfills and Incinerators
Transportation Equipment Cleaning
(see above - combined
proposal)
9/97
11/97
1/98
6/99
11/99
2/00
* Federal Register publication dates (future dates are signature dates)
As shown in the above table, EPA intends to take final action on the Pharmaceutical Manufacturing
Effluent Guidelines by April 1998. This will allow EPA to simultaneously complete final action on a
NESHAP rule for the industry, as required by the Clean Air Act (CAA). Because the NRDC consent
decree does not have jurisdiction over CAA rules, EPA and NRDC have signed a separate settlement
agreement stating the Agency's intent to finalize the two actions concurrently. EPA is pleased with this
result, as it supports the Agency's goal of utilizing a multimedia approach to regulation where possible.
Joint rulemaking for the Pharmaceutical industry was widely supported in public comments on the 1996
Effluent Guidelines Plan.
For Further Information
Contact Eric Strassler, U.S. EPA, Office of Water, Engineering and Analysis Division (4303), 401 M
Street, SW, Washington, DC 20460. Phone 202-260-7150. E-Mail: strassler.ericfgtepamail. epa.eov
OW-GENERAL@epamaiiepa.gov
Revised February 21,1997
http://www.epa.gov/OST/NEW/egkonsenthtml
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