Rule2025-19269
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
October 2, 2025
Effective
December 1, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (the EPA or Agency) is taking direct final action to extend the date for existing steam electric power plants to decide whether to submit a notice of planned participation (NOPP) for the permanent cessation of coal combustion subcategory in the 2024 Supplemental Steam Electric Reconsideration Rule ("2024 rule").
Full Text
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<title>Federal Register, Volume 90 Issue 189 (Thursday, October 2, 2025)</title>
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[Federal Register Volume 90, Number 189 (Thursday, October 2, 2025)]
[Rules and Regulations]
[Pages 47617-47619]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19269]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 423
[EPA-HQ-OW-2009-0819; FRL- 8794.3-02-OW]
RIN 2040-AG48
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.
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SUMMARY: The U.S. Environmental Protection Agency (the EPA or Agency)
is taking direct final action to extend the date for existing steam
electric power plants to decide whether to submit a notice of planned
participation (NOPP) for the permanent cessation of coal combustion
subcategory in the 2024 Supplemental Steam Electric Reconsideration
Rule (``2024 rule'').
DATES: This rule is effective on December 1, 2025 without further
notice, unless the EPA receives adverse comment by November 3, 2025. If
the EPA receives adverse comment, the agency will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2009-0819, by any of the following methods:
Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> (our
preferred method). Follow the online instructions for submitting
comments.
Mail: U.S. Environmental Protection Agency, EPA Docket Center,
Office of Water, Office of Science and Technology, Docket, Mail Code
28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
Hand Delivery or Courier: EPA Docket Center, WJC West Building,
Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The
Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m., Monday
through Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
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#c6a4a3a8b1a7b4a3e8b4afa5aea7b4a286a3b6a7e8a1a9b0"><span class="__cf_email__" data-cfemail="fb999e958c9a899ed5899298939a899fbb9e8b9ad59c948d">[email protected]</span></a>.
Information about the 2024 rule is available online at: <a href="https://www.epa.gov/eg/steam-electric-power-generating-effluent-guidelines-2024-final-rule">https://www.epa.gov/eg/steam-electric-power-generating-effluent-guidelines-2024-final-rule</a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Why is the EPA using a direct final rule?
II. Does this action apply to me?
[[Page 47618]]
III. What is the Agency's authority for taking this action?
IV. Background
V. What action is the EPA taking?
VI. Statutory and Executive Order Reviews
I. Why is the EPA using a direct final rule?
The 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 steam electric power plants to
submit a NOPP in the 2024 rule's (89 FR 40198, May 9, 2024) subcategory
for electric generating units (EGUs) permanently ceasing coal
combustion by December 31, 2034, from December 31, 2025, to December
31, 2031. 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, the 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. The 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 and DATES sections of this document.
If the 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. The EPA would
address all public comments in any subsequent final rule based on the
proposed rulemaking.
II. Does this action apply to me?
Entities potentially regulated by this action include:
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North American Industry
Category Example of regulated entity Classification System
(NAICS) code
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Industry................................ Electric Power Generation Facilities-- 22111
Electric Power Generation. 221112
Electric Power Generation Facilities--
Fossil Fuel Electric Power Generation.
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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 the 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.
III. What is the Agency's authority for taking this action?
The statutory authority for this rule is the same as that relied
upon for the 2024 rule: Federal Water Pollution Control Act, 33 U.S.C.
1251 et seq., including Clean Water Act sections 301; 304(b), (c), (e),
and (g); 306; 307; 308 and 501(a); 33 U.S.C. 1311, 1314(b), 1314(c),
1314(e), 1314(g), 1316, 1317, 1318, and 1361(a).
The statutory authority for the rulemaking procedures followed in
this action is Administrative Procedure Act (APA) section 553(b)(B), 5
U.S.C. 553(b)(B). The EPA finds good cause to forego notice-and-comment
rulemaking as unnecessary because the Agency does not anticipate
adverse comments on this limited deadline extension. However, if the
EPA receives adverse comments, it will withdraw this direct final rule
and respond to comments as indicated in the proposed rule published in
the Federal Register contemporaneously with this action.
IV. Background
The EPA promulgated the most recent iteration of the Supplemental
Steam Electric Effluent Limitations Guidelines and Standards in 2024.
In the 2024 rule, the EPA established a subcategory for EGUs
permanently ceasing coal combustion by December 31, 2034. For these
EGUs, less stringent limitations and standards apply for discharges of
pollutants found in flue gas desulfurization wastewater, bottom ash
transport water, and combustion residual leachate (CRL) than
limitations applicable to non-closing or non-repowering sources in this
source category. These less stringent limitations and standards are the
same as the limitations and standards previously applicable under the
2020 Steam Electric Reconsideration Rule (85 FR 64650, October 13,
2020). As there were no nationally applicable limitations and standards
for CRL prior to 2024, the subcategory left in place the requirement
for permitting authorities to develop case-by-case technology-based
effluent limitations using their best professional judgment, and it
established mercury and arsenic limitations based on chemical
precipitation after retirement of the plant. In order to participate in
this subcategory, facilities had to submit a NOPP to their permitting
authority or control authority by December 31, 2025, and subsequently
submit annual progress reports on the steps taken to achieve permanent
cessation of coal combustion. The NOPP notifies the permitting
authority or the control authority of the plant's intent to opt into
the 2024 rule's subcategory for sources that anticipate closure or
repowering.
Stakeholders, including grid operators, grid reliability experts,
trade associations, and utilities, have raised concerns that a
significant number of facilities need more time to understand how their
operations fit within a changing landscape of local and regional demand
that is untethered from rapidly approaching compliance timelines
crafted under different demand assumptions used in the 2024 rule. This
includes, among other decisions, whether to avail themselves of the
compliance pathway for EGUs seeking to retire or convert to alternative
fuel sources by December 31, 2034.
V. What action is the EPA taking?
Based on the recent discussions with electric utility trade
associations and other stakeholders suggesting that there are likely
additional EGUs seeking more time to decide whether to provide notice
of intent to voluntarily cease coal combustion by December 31, 2034,
and that these EGUs need additional time to make this decision in light
of surging electricity demand and corresponding concerns related to
energy availability across the country, the EPA is extending the NOPP
filing date in 40 CFR 423.19(h) from December 31, 2025, to December 31,
2031. This direct final rule does not change any other dates for the
reporting and recordkeeping requirements of 40 CFR 423.19, nor does it
make any other changes to 40 CFR part 423.
Any adverse comment on the direct final rule must be submitted
within 30 days after publication of this action for the EPA to withdraw
the action. Where
[[Page 47619]]
it is not clear that an adverse comment relates to this direct final
rule's extension of the NOPP date, or is submitted after November 3,
2025, the EPA may not consider the comment. To the extent that an
adverse comment explicitly indicates that it is being submitted on the
direct final rule, the EPA will not consider relevant to this direct
final action any additional included comments on any topic other than
the extension of the NOPP date for the permanent cessation of coal
combustion by 2034 subcategory. Any other comments will be considered
outside the scope of this action.
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
This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is considered an Executive Order 14192 deregulatory
action. This final rule provides burden reduction by providing
additional time for the regulated community associated with their
decision making; however, no expenses are incurred at the time of NOPP
submission.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2040-0310. This rule contains no new requirements for
reporting and recordkeeping.
D. Regulatory Flexibility Act (RFA)
This direct final action is not subject to the RFA. The RFA applies
only to rules subject to notice and comment rulemaking requirements
under the Administrative Procedure Act (APA), 5 U.S.C. 553, or any
other statute. This rule is not subject to notice and comment
requirements because the Agency has invoked the APA ``good cause''
exemption under 5 U.S.C. 553(b).
E. 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.
F. 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.
G. 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).
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The 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 the 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.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy.
J. 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.
K. Congressional Review Act
This action is subject to the Congressional Review Act, and the 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.
Lee Zeldin,
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: 33 U.S.C. 1251 et seq.; 1311; 1314(b), (c), (e), (g),
and (i)(A) and (B); 1316; 1317; 1318 and 1361.
0
2. Amend Sec. 423.19 by revising paragraph (h)(1) to read as follows:
Sec. 423.19 Reporting and recordkeeping requirements.
* * * * *
(h) * * *
(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, 2034, 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 December 31, 2031.
* * * * *
[FR Doc. 2025-19269 Filed 10-1-25; 8:45 am]
BILLING CODE 6560-50-P
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