The American Public Power Association recently submitted comments generally supporting the Environmental Protection Agency’s proposed rule to extend the compliance deadlines in the 2024 Supplemental Steam Electric Effluent Limitation Guideline (ELGs) rule.
The changing energy demand landscape and concerns about resource adequacy have prompted some utilities to reconsider or revise prior decisions to retire fossil generation, APPA noted.
As a result, extending the 2024 ELG compliance deadlines will prevent the power sector from rushing to make significant investments in zero liquid discharge (ZLD) wastewater treatment technologies while the Agency reconsiders the ZLD requirements and cost assumptions.
APPA provided comments and recommendations in response to EPA’s Proposed Deadline Extension Rule.
APPA supports extending the deadline for existing steam electric power plants to submit a notice of plan participation (NOPP) in the 2034 cessation subcategory by six years, from December 31, 2025, to December 31, 2031. Additional time is needed to allow utilities to make critical planning decisions on whether they can comply with the 2024 Rule while also ensuring electric grid reliability.
APPA also supports EPA extending the ZLD compliance deadlines by five years as proposed, while EPA undertakes a new rulemaking to reconsider whether ZLD technology is “available” and “economically feasible” to meet the ZLD limitations in the 2024 Rule.
Also, APPA supports the EPA's proposed extension of the pretreatment standards for existing sources (PSES) compliance deadline for bottom ash transport water (BATW), flue gas desulfurization wastewater (FGDW), and combustion residual leachate (CRL) from May 9, 2027, to a date three years following the final rule's publication in the Federal Register.
APPA supports EPA’s proposal to require alternative applicability dates and permit late NOPP submissions based on site-specific factors and the clarifications to the must-run provisions.
APPA recommended that EPA retain the 2028 cessation of coal combustion subcategory and the 2034 subcategory if the Agency does not repeal the 2024 Rule.
It also recommends the Agency repeal the "functionally equivalent to a direct discharge” requirement for unmanaged CRL and let permit writers set appropriate limits using their best professional judgment.
