In Waterkeeper Alliance v. EPA, the Ninth Circuit held that the Environmental Protection Agency failed to properly consider key factors when it declined to revise technology-based Effluent Limitations Guidelines and Standards (ELGs) for seven industrial categories. The ruling suggests the Environmental Protection Agency (EPA) may face increased pressure to revisit existing discharge requirements across multiple sectors.
While the court acknowledged that EPA is not required to revise an ELG merely because it is outdated, it emphasized that the agency must determine whether each ELG still conforms with the Clean Water Act’s substantive requirements. The Ninth Circuit concluded that EPA’s decision-making process under Program Plan 15 did not meet this standard.
The court identified three critical omissions in EPA’s review:
- Failure to consider advances in pollution control technology;
- Failure to address pretreatment standards and guidelines for indirect dischargers;
- Failure to evaluate pollutants not currently covered by applicable ELGs.
EPA must now either reconsider its decision or provide a fuller explanation.
Click here to read the full article for details on what this could mean for your industry and what to expect from future EPA rulemakings.