Effluent Limitation in the United States

Effluent Limitation in Environmental Law

A standard for discharges of contaminants into waters of the United States from a direct discharger. Numerous effluent limitations have been established under the Clean Water Act.

At first, limits on effluents were set only for the most common pollutants, such as total suspended solids, fecal coliform, ammonia, oil and grease. However, the wastewater from a number of industries discharging toxic pollutants was not being regulated. The Environmental Protection Agency (EPA) had been tasked by the 1972 Clean Water Act to establish effluent limitations for industries. However, it hesitated to do so because it interpreted the Clean Water Act as giving no consideration to technological feasibility or cost. So, as has often been the case, the EPA was sued. In a consent decree with the Natural Resources Defense Council, the EPA agreed to issue effluent limitations for 21 major industries. The 1977 revisions to the Clean Water Act included the terms of the consent decree as part of the statute.

Effluent limitations for toxic pollutants must take into account any health impacts and provide an ample margin of safety. Cost of treatment is not an issue, as with the provisions of the Clean Air Act provisions. Thus the effluent limitations may force the development of technology, since the standards may not be reachable with available methods.
Based on “Environment and the Law. A Dictionary”.