Rule2023-04985
Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category-Initial Notification Date Extension
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
March 29, 2023
Effective
May 30, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or agency) is taking direct final action to extend the date for existing coal-fired power plants to submit a notice of planned participation (NOPP) for the permanent cessation of coal combustion subcategory in the 2020 Steam Electric Reconsideration Rule.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 60 (Wednesday, March 29, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Rules and Regulations]
[Pages 18440-18442]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04985]
[[Page 18440]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 423
[EPA-HQ-OW-2009-0819; FRL-8794.1-02-OW]
RIN 2040-AG28
Effluent Limitations Guidelines and Standards for the Steam
Electric Power Generating Point Source Category--Initial Notification
Date Extension
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or agency) is taking
direct final action to extend the date for existing coal-fired power
plants to submit a notice of planned participation (NOPP) for the
permanent cessation of coal combustion subcategory in the 2020 Steam
Electric Reconsideration Rule.
DATES: This rule is effective on May 30, 2023 without further notice,
unless EPA receives adverse comment by April 28, 2023. If EPA receives
adverse comment, the Agency will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2009-0819 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI and multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. All documents in the docket
are listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed
in the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Richard Benware, Engineering and
Analysis Division Office of Water (Mail Code 4303T), Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
telephone number: 202-566-1369; email address: <a href="/cdn-cgi/l/email-protection#7c1e19120b1d0e19520e151f141d0e183c190c1d521b130a"><span class="__cf_email__" data-cfemail="1577707b627467703b677c767d746771557065743b727a63">[email protected]</span></a>.
Additional information is also available online at <a href="https://www.epa.gov/eg/2021-supplemental-steam-electric-rulemaking">https://www.epa.gov/eg/2021-supplemental-steam-electric-rulemaking</a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Why is EPA using a direct final rule?
II. Does this action apply to me?
III. What is the agency's authority for taking this action?
IV. Background
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
I. Why is EPA using a direct final rule?
EPA is taking direct final action because the agency views this as
a noncontroversial action and anticipates no adverse comment because
the rule extends the date for existing coal-fired power plants to
submit a NOPP in the 2020 rule's (85 FR 64650, October 13, 2020)
subcategory for electric generating units (EGUs) permanently ceasing
coal combustion by December 31, 2028, from October 13, 2021, to June
27, 2023. This direct final rule does not otherwise amend 40 CFR part
423 in any way. In the ``Proposed Rules'' section of this issue of the
Federal Register, however, EPA is publishing a separate document that
will serve as the proposed rulemaking to extend the initial
notification date if adverse comments are received on this direct final
rule. EPA will not institute a second comment period on this action.
Any parties interested in commenting must do so at this time. For
further information about commenting on this rule, see the ADDRESSES
section of this document.
If EPA receives adverse comment on this direct final rule, it will
publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. EPA would
address all public comments in any subsequent final rule based on the
proposed rule.
II. Does this action apply to me?
Entities potentially regulated by this action include:
----------------------------------------------------------------------------------------------------------------
North American
Industry
Category Example of regulated entity Classification
System (NAICS)
code
----------------------------------------------------------------------------------------------------------------
Industry..................................... Electric Power Generation Facilities--Electric 22111
Power Generation.
Electric Power Generation Facilities--Fossil 221112
Fuel Electric Power Generation.
----------------------------------------------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table includes the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not included could also be regulated. To determine whether your entity
is regulated by this action, you should carefully examine the
applicability criteria found in 40 CFR 423.10 (Applicability). If you
have questions regarding the applicability of this action to a
particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section of this preamble.
III. What is the agency's authority for taking this action?
The authority for this rule is the Federal Water Pollution Control
Act, 33 U.S.C. 1251 et seq., including sections 101; 301; 304(b), (c),
(e), and (g); 306; 307; 308 and 501.
IV. Background
EPA promulgated the Steam Electric Reconsideration Rule in 2020. In
the
[[Page 18441]]
2020 rule, EPA established a subcategory for EGUs permanently ceasing
coal combustion by December 31, 2028. For these EGUs, less stringent
total suspended solids limitations and standards were established for
discharges of pollutants found in flue gas desulfurization (FGD)
wastewater and bottom ash (BA) transport water. These limitations and
standards were based on the use of surface impoundments. In order to
participate in this subcategory, facilities had to submit a NOPP to
their permitting authority or control authority by October 13, 2021,
and subsequently submit annual progress reports on the steps taken to
achieve permanent cessation of coal combustion.\1\ After the October
13, 2021 NOPP date had passed, EPA learned in meetings with trade
associations and utilities that additional facilities wish to avail
themselves of the compliance pathway for EGUs seeking to retire or
convert to a non-coal fuel source by December 31, 2028, but were unable
to make that commitment by October 13, 2021.
---------------------------------------------------------------------------
\1\ While it is also possible for facilities to use the transfer
provisions of 40 CFR 423.13(o) to transfer into this subcategory
from the voluntary incentives program or low utilization EGU
subcategory, EPA is only aware of six facilities which have elected
to participate in these programs.
---------------------------------------------------------------------------
V. What action is EPA taking?
Based on the recent information submitted to EPA suggesting that
there are likely additional EGUs seeking to permanently cease coal
combustion by December 31, 2028, EPA is extending the NOPP date in 40
CFR 423.19(f) to June 27, 2023. This direct final rule does not change
any other dates for the reporting and recordkeeping requirements of
section 423.19, nor does it make any other changes to 40 CFR part 423.
Elsewhere in this Federal Register issue, EPA is proposing certain
revisions to strengthen the steam electric effluent guidelines. That
document proposes that EPA would retain the subcategory for EGUs
permanently ceasing coal combustion by December 31, 2028. EPA is using
the same docket for this action as for the proposed rulemaking, and
thus the agency requests that any comments on this direct final action
be submitted separately from comments on the broader proposed
rulemaking and contain language that explicitly denotes they are
intended to be for this direct final action relating solely to the NOPP
date. Where it is not clear that the comment relates to the extension
of the NOPP date, EPA may consider it to be a comment on the broader
proposed rulemaking rather than this action. To the extent that a
comment explicitly indicates that it is being submitted on this direct
final rule, EPA will not consider items on any topic other than the
extension of the NOPP date for the permanent cessation of coal
combustion by 2028 subcategory. Any other comments will be considered
outside the scope of this action; if the comments are intended for the
companion proposal, they should be provided separately.
VI. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
Under Executive Order 12866 (58 FR 51735; October 4, 1993) and
Executive Order 13563 (76 FR 3821; January 21, 2011), this action is
not a ``significant regulatory action'' and is, therefore, not subject
to review by the Office of Management and Budget (OMB). Nevertheless,
since this is a companion action to a proposed rulemaking which is a
significant regulatory action, EPA has provided this action to OMB to
assist with review of the companion proposal.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. OMB has previously
approved the information collection activities contained in the
existing regulations and has assigned OMB control number 2040-0004.
This rule contains no new requirements for reporting and recordkeeping.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, EPA concludes that the impact of concern for
this rule is any significant adverse economic impact on small entities
and that the agency is certifying that this rule will not have a
significant economic impact on a substantial number of small entities
because the rule has no net burden on the small entities subject to the
rule. EPA is limiting its changes to the date that a facility may
submit an initial notification to the permitting or control authority.
The agency has therefore concluded that this action will have no net
regulatory burden for all directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
Unfunded Mandates Reform Act, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local or tribal governments, or the
private sector.
E. Executive Order 13132: Federalism
This action does not have significant federalism implications under
Executive Order 13132, entitled ``Federalism'' (64 FR 43255; August 10,
1999). It will not have substantial direct effects on the states, on
the relationship between the national government and the states, or on
the distribution of power and responsibilities among the various levels
of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not create new binding legal requirements that
substantially and directly affect Tribes under Executive Order 13175,
entitled ``Consultation and Coordination with Indian Tribal
Governments'' (65 FR 67249; November 9, 2000). This action does not
have significant federalism implications under Executive Order 13132,
entitled ``Federalism'' (64 FR 43255; August 10, 1999). It will not
have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), as applying only to those regulatory actions
that concern environmental health or safety risks that EPA has reason
to believe may disproportionately affect children, per the definition
of ``covered regulatory action'' in section 2-202 of the Executive
Order. This action is not subject to Executive Order 13045 because it
does not concern an environmental health risk or safety risk.
[[Page 18442]]
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because it
is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards; thus, the
requirements of Section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes that this action is not subject to Executive Order
12898, entitled ``Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations'' (59 FR 7629; February
16, 1994), because it does not establish an environmental health or
safety standard. This regulatory action is a minor date change for
filing a notice contained in a previously promulgated regulatory action
and does not have any impact on human health or the environment.
K. Congressional Review Act (CRA)
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 423
Environmental protection, Electric power generation, Power
facilities, Waste treatment and disposal, Water pollution control.
Michael S. Regan,
Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 423 as follows:
PART 423--STEAM ELECTRIC POWER GENERATING POINT SOURCE CATEGORY
0
1. The authority citation for part 423 continues to read as follows:
Authority: Secs. 101; 301; 304(b), (c), (e), and (g); 306; 307;
308 and 501, Clean Water Act (Federal Water Pollution Control Act
Amendments of 1972, as amended; 33 U.S.C. 1251; 1311; 1314(b), (c),
(e), and (g); 1316; 1317; 1318 and 1361).
0
2. Amend Sec. 423.19 by revising paragraph (f)(1) to read as follows:
Sec. 423.19 Reporting and recordkeeping requirements.
* * * * *
(f) * * *
(1) Notice of Planned Participation. For sources seeking to qualify
as an electric generating unit that will achieve permanent cessation of
coal combustion by December 31, 2028, under this part, a Notice of
Planned Participation shall be made to the permitting authority, or to
the control authority in the case of an indirect discharger, no later
than June 27, 2023.
* * * * *
[FR Doc. 2023-04985 Filed 3-28-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 29, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.