For those of you who are following EPA's proposed Metal Products and Machinery Rule (MP&M), EPA has announced that it will merge Phase I and Phase II of the MP&M rule in order to reduce confusion and simplify the rulemaking process.
The merger means that modifications to the effluent limitations for the PWB industry (which were to be subject to the Phase II rulemaking) will not occur until the year 2002 -- postponing for 3 years a rulemaking that was originally expected to be promulgated in the year 1999.
On a related note, EPA has expressed that it the proposed rule will not contain limits for aluminum and iron. The original proposal would have used aluminum and iron as "indicator" metals for the presence of other pollutants in treated effluent. Due to a huge outpouring of opposition to the proposed regulation of these two metals due to the fact that many industries use these metals as waste treatment chemicals (IPC submitted comments on this point) the EPA is backing off of this proposal.
The official merger notice is below.
Holly Lynch
Director of EHS Programs, IPC
----------
From: everybody[SMTP:[log in to unmask]]
Sent: Wednesday, February 26, 1997 1:01 PM
To: Multiple recipients of list
Subject: Effluent Guidelines Plan Update
[Federal Register: February 26, 1997 (Volume 62, Number 38)]
[Notices]
[Page 8726]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe97-65]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5694-3]
Effluent Guidelines Plan Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA has obtained approval in U.S. District Court to modify a
Consent Decree covering the Agency's Effluent Guidelines Program. The
modified Decree extends deadlines for several rulemaking projects
described in the 1996 Effluent Guidelines Plan.
FOR FURTHER INFORMATION CONTACT: Eric Strassler, Engineering and
Analysis Division (4303), Environmental Protection Agency, 401 M
Street, SW, Washington, D.C. 20460; telephone 202-260-7150. E-mail:
[log in to unmask]
SUPPLEMENTARY INFORMATION: EPA published its 1996 Effluent Guidelines
Plan on October 7, 1996 (61 FR 52582). The Plan described the Effluent
Guidelines Program and listed regulations that the Agency was
developing or intended to develop. As mentioned in the Plan, several of
these regulation projects are required by a Consent Decree in Natural
Resources Defense Council et al v. Browner (D.D.C. 89-2980, January 31,
1992 (the ``Consent Decree''). Table 1 in the Plan listed deadlines for
the rules, with a footnote explaining that EPA was discussing
extensions to the deadlines with the Natural Resources Defense Council
(NRDC). See 61 FR 52583.
EPA and NRDC have agreed on revised deadlines and related
adjustments for several of the rules listed in the Plan, and have
obtained Court approval of modifications to the Decree. An unopposed
motion to modify the Decree was filed in U.S. District Court for the
District of Columbia on January 31, 1997, and the motion was approved
by District Judge Royce C. Lamberth on February 4, 1997. In addition to
extending several deadlines, the modifications allow the Agency to
merge two ongoing rules, Metal Products and Machinery Phases 1 and 2,
into a single project. The modified dates are listed in the following
table.
Modifications to Effluent Guidelines Deadlines
------------------------------------------------------------------------
Final
Category Proposal action
------------------------------------------------------------------------
Centralized Waste Treatment (proposed 1/27/95, 60
FR 5464)......................................... ......... 8/15/99
Pharmaceutical Manufacturing (proposed 5/2/95, 60
FR 21592)........................................ ......... 4/98
Industrial Laundries.............................. 9/97 6/99
Transportation Equipment Cleaning................. 1/98 2/00
Landfills and Incinerators........................ 11/97 11/99
Metal Products and Machinery (Phase 1 proposed 5/
30/95, 60 FR 28209).............................. 10/00 12/02
------------------------------------------------------------------------
EPA and NRDC signed a related Settlement Agreement stating the
Agency's intent to take final action on air emission standards for
pharmaceutical production, under Section 112 of the Clean Air Act,
jointly with the Pharmaceutical Manufacturing Effluent Guidelines in
April 1998. A separate notice describing this action was published on
February 21, 1997 at 62 FR 8012.
The parties also agreed on revised deadlines for completion of four
Preliminary Studies, which the Agency uses to support decisions on
selecting industries for additional rulemaking. The deadlines for the
studies are as follows:
Chemical Formulators and Packagers: April 1997.
Feedlots: 1998.
Urban Stormwater: 1998.
Airport De-Icing: 1999.
EPA and NRDC are continuing negotiations on deadlines for other
rules covered by the Decree.
Dated: February 19, 1997.
Tudor T. Davies,
Director, Office of Science and Technology.
[FR Doc. 97-4756 Filed 2-25-97; 8:45 am]
BILLING CODE: 6560-50-P
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