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EPA/WATER RIN: 2040-AB79 Publication ID: Spring 2003 
Title: Effluent Guidelines and Standards for the Metal Products and Machinery Category, Phases 1 and 2 
Abstract: EPA promulgated technology-based effluent limitations guidelines for the metal products and machinery point source category in February 2003. The category includes facilities that manufacture, rebuild, or maintain metal products, parts, or machines. EPA promulgated limitations and standards only for facilities that directly discharge wastewaters from oily operations in the Oily Wastes subcategory. 
Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 438   
Legal Authority: 33 USC 1311CWA 301    33 USC 1314 CWA 304    33 USC 1316 CWA 306    33 USC 1317 CWA 307    33 USC 1318 CWA 308    33 USC 1342 CWA 402    33 USC 1361 CWA 501   
Legal Deadline:
Action Source Description Date
NPRM  Judicial    10/31/2000 
Final  Judicial    02/14/2003 

Statement of Need: Roughly a quarter of the facilities in this industry are currently regulated by national effluent limitations guidelines. Many facilities have inadequate wastewater treatment, in terms of best available technology. Current effluent limitations guidelines for aprts of this industry were developed 20 years ago and do not always reflect current practices of pollution prevention and wastewater treatment. The MP&M rule enhances protection of public health and the environment by reducing the discharge of toxic metals and organics into the environment.

Summary of the Legal Basis: The Clean Water Act requires EPA to establish effluent limitations guidelines and pretreatment standards to limit the pollutants discharged from point sources. In addition, EPA is bound by a provision in a Consent Decree entered in settlement of Natural Resources Defense Council et al. v. Whitman (D.D.C. No. 89-2980) to propose regulations for this industry by October 2000.

Alternatives: The Agency is deliberating on final regulatory options. Estimates of costs and benefits are not available at the time EPA prepared this entry for the Regulatory Plan.

Anticipated Costs and Benefits: The Agency is deliberating on final regulatory options. Estimates of risk and risk reduction are not available at the time EPA prepared this entry for the Regulatory Plan.

Risks: EPA estimates that compliance with this regulation will reduce the annual discharge of conventional pollutants by at least 115 million pounds, priority pollutants by 12 million pounds, and non-conventional metal and organic pollutants by 43 million pounds. These reductions represent significant improvements in water quality. The amounts are substantial in terms of point source controls.

Timetable:
Action Date FR Cite
NPRM original (Phase 1)  05/30/1995  60 FR 28210   
NPRM (Consolidated Phase 1 and 2)  01/03/2001  66 FR 424   
NODA  06/05/2002  67 FR 38752   
Final Action  05/00/2003    
Additional Information: SAN No. 2806
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: No 
Included in the Regulatory Plan: Yes 
Public Comment URL: NPRM original-www.epa.gov/edockets  
Sectors Affected: 332 Fabricated Metal Product Manufacturing; 333 Machinery Manufacturing; 334 Computer and Electronic Product Manufacturing; 335 Electrical Equipment, Appliance and Component Manufacturing; 336 Transportation Equipment Manufacturing; 337 Furniture and Related Product Manufacturing; 339 Miscellaneous Manufacturing 
Agency Contact:
Carey Johnston
Environmental Protection Agency
Office of Enforcement and Compliance Assurance
4303T,
Washington, DC 20460
Phone:202 566-1014
Fax:202 566-1053
Email: johnston.carey@epa.gov

Shari Barash
Environmental Protection Agency
Water
Mail Code 4305T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460
Phone:202 566-0996
Fax:202 566-1053
Email: barash.shari@epa.gov