Proposed Rule2021-16354
Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category.
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 3, 2021
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with President Biden's Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (January 25, 2021), the U.S. Environmental Protection Agency (EPA) announces its decision to undertake a rulemaking that will propose to revise the Steam Electric Power Generating Effluent Limitations Guidelines and Standards. As part of the rulemaking process, EPA will determine whether more stringent limitations and standards are appropriate and consistent with the technology-forcing statutory scheme and the goals of the Clean Water Act. EPA intends to sign the notice of proposed rulemaking for public comment in the Fall of 2022.
Full Text
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<title>Federal Register, Volume 86 Issue 146 (Tuesday, August 3, 2021)</title>
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[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Proposed Rules]
[Pages 41801-41802]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16354]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 423
[FRL 8794-04-OW]
Effluent Limitations Guidelines and Standards for the Steam
Electric Power Generating Point Source Category.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of rulemaking initiative.
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SUMMARY: In accordance with President Biden's Executive Order 13990,
Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis (January 25, 2021), the U.S. Environmental
Protection Agency (EPA) announces its decision to undertake a
rulemaking that will propose to revise the Steam Electric Power
Generating Effluent Limitations Guidelines and Standards. As part of
the rulemaking process, EPA will determine whether more stringent
limitations and standards are appropriate and consistent with the
technology-forcing statutory scheme and the goals of the Clean Water
Act. EPA intends to sign the notice of proposed rulemaking for public
comment in the Fall of 2022.
DATES: August 3, 2021.
ADDRESSES: U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue NW, Washington, DC 20460;
FOR FURTHER INFORMATION CONTACT: Richard Benware, Engineering and
Analysis Division, Office of Water, (4303T), U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
telephone number: (202) 566-1369, 1200; email address:
<a href="/cdn-cgi/l/email-protection#d6b4b3b8a1b7a4b3f8a4bfb5beb7a4b296b3a6b7f8b1b9a0"><span class="__cf_email__" data-cfemail="365453584157445318445f555e5744527653465718515940">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Among its core provisions, the Clean Water
Act (CWA) prohibits the discharge of pollutants from a point source to
waters of the U.S., except as authorized under the CWA. Under section
402 of the CWA, 33 U.S.C. 1342, discharges may be authorized through a
National Pollutant Discharge Elimination System (NPDES) permit. The CWA
establishes a dual approach for these permits: (1) Technology-based
controls that establish a floor of performance for all dischargers, and
(2) water quality-based effluent limitations, where the technology-
based effluent limitations are insufficient to meet applicable water
quality standards (WQS). As the basis for the technology-based
controls, the CWA authorizes EPA to establish national technology-based
effluent limitations guidelines (ELGs) and new source performance
standards (NSPS) for discharges into waters of the United States from
categories of point sources (such as industrial, commercial, and public
sources). For discharges to publicly owned treatment works (POTWs),
sections 301, 306 and 307 of the CWA call for establishment of
pretreatment standards, which are analogous to effluent limitations,
which directly apply to new and existing sources.
Clean Water Act section 301(b)(2)(A) requires that, by March 31,
1989, existing discharges of toxic and non-conventional pollutants must
be limited based on ``best available technology economically achievable
. . . which will result in reasonable further progress toward the
national goal of eliminating the discharge of all pollutants, as
determined in accordance with regulations issued . . . pursuant to
section 304(b)(2) of the Act.'' Furthermore, such limitations ``shall
require the elimination of discharges of all pollutants if the
Administrator finds . . . that such elimination is technologically and
economically achievable'' for the industry, ``as determined in
accordance with regulations issued . . . pursuant to section
304(b)(2).'' Section 304(b)(2) provides that ``[f]actors relating to
the assessment of best available technology shall take into account the
age of equipment and facilities involved, the process employed, the
engineering aspect of the application of various types of control
techniques, process changes, the cost of achieving such effluent
reduction, non-water quality environmental impact (including energy
requirements), and such other factors as the Administrator deems
appropriate.'' The Agency is afforded considerable discretion in how to
weigh these factors in making the ultimate decision as to what
constitutes ``best available technology economically Achievable.'' See,
e.g., Weyerhaeuser Co. v. Costle, 590 F.2d 1011, 1045 (DC Cir. 1978).
In September 2015, EPA finalized a rule revising the regulations
for the Steam Electric Power Generating point source category 80 FR
67838 (Nov. 3, 2015). This 2015 rule set limits on the levels of toxic
metals in wastewater that can be discharged from power plants.
Subsequent to the promulgation of the 2015 rule, the Agency received
two
[[Page 41802]]
petitions for administrative reconsideration. In response, EPA agreed
to reconsider the Effluent Guidelines for two wastestreams (flue gas
desulfurization and bottom ash transport water) and the Steam Electric
Reconsideration Rule was published in October 2020.
On January 20, 2021, President Biden signed Executive Order 13990
directing federal agencies to review rules issued in the prior four
years that are, or may be, inconsistent with the policy stated in the
Order. 86 FR 7037. The Order provides that ``[i]t is, therefore, the
policy of my Administration to listen to the science; to improve public
health and protect our environment; to ensure access to clean air and
water; to limit exposure to dangerous chemicals and pesticides; to hold
polluters accountable, including those who disproportionately harm
communities of color and low-income communities; to reduce greenhouse
gas emissions; to bolster resilience to the impacts of climate change;
to restore and expand our national treasures and monuments; and to
prioritize both environmental justice and the creation of the well-
paying union jobs necessary to deliver on these goals.'' Id. at 7037,
Section 1. The Order ``directs all executive departments and agencies
(agencies) to immediately review and, as appropriate and consistent
with applicable law, take action to address the promulgation of Federal
regulations and other actions during the last 4 years that conflict
with these important national objectives, and to immediately commence
work to confront the climate crisis.'' Id. ``For any such actions
identified by the agencies, the heads of agencies shall, as appropriate
and consistent with applicable law, consider suspending, revising, or
rescinding the agency actions.'' Id. at 7037, Section 2(a). The 2020
Steam Electric Reconsideration Rule was identified for review under the
Executive Order. See Fact Sheet: List of Agency Actions for Review,
available at <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/20/fact-sheet-list-of-agency-actions-for-review/">https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/20/fact-sheet-list-of-agency-actions-for-review/</a> (last
visited on April 26, 2021).
EPA has completed its review of the 2020 Steam Electric
Reconsideration Rule under Executive Order 13990 and has decided to
initiate a notice-and-comment rulemaking in which the Agency will
determine whether more stringent limitations and standards are
appropriate consistent with the technology-forcing statutory scheme and
the goals of the Clean Water Act.
EPA's review found that much of the 2015 steam electric rule
remains in place--leading to better control of water pollution from
power plants than required by the previously applicable rules. The 2015
rule also had the effect of reducing the cost of controls (e.g.,
biological treatment systems and membrane treatment systems), which are
now being utilized by the power sector. While the Agency undertakes
this new rulemaking, facilities will continue to be subject to the
requirements of the 2015 Rule, as amended by the 2020 Rule, which are
currently effective. As a result, the pollutant reductions accomplished
by the existing Rules will occur while the Agency engages in rulemaking
to consider more stringent requirements.
EPA's review under Executive Order 13990 also found that membrane
treatment systems continue to rapidly advance as an effective option
for treating a wide variety of industrial wastewater. EPA expects this
technology to continue to advance, and EPA will evaluate whether this
technology should serve as the basis for the ``best available
technology economically achievable'' under the Clean Water Act to
control discharges of pollutants found in flue gas desulfurization
wastewater discharges as part of the new rulemaking, in addition to
considering whether revisions to the 2020 Rule's requirements
applicable to bottom ash transport water and the three subcategories,
which are afforded less stringent limits than those otherwise
applicable under the Rule, may be warranted.
EPA expects permitting authorities to continue to implement the
current regulations while the Agency undertakes a new rulemaking. EPA
will determine whether more stringent limitations than those in the
2020 Rule appropriately reflect ``best available technology
economically achievable.'' EPA will undertake this rulemaking in
accordance with the requirements specified in the Administrative
Procedures Act and the Clean Water Act, as required by law.
Radhika Fox,
Assistant Administrator.
[FR Doc. 2021-16354 Filed 7-30-21; 4:15 pm]
BILLING CODE 6560-50-P
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