The U.S. Environmental Protection Agency finalized a rule in December extending compliance deadlines in the 2024 Effluent Limitations Guidelines (ELGs) for the Steam Electric Power Generating Point Source Category rule.
EPA justifies extending the compliance deadlines, citing increases in energy demand, regional reliability concerns, supply-chain disruptions, and stakeholder input.
The rule updates transfer provisions, establishes tiered standards for indirect dischargers, and creates site-specific authorities for alternative compliance dates. The regulatory amendments aim to support grid reliability, avoid premature retirements of power plants, and ensure affordable, reliable energy while maintaining the CWA’s environmental objectives.
The final rule is available here, and the supporting documents are available on EPA’s website here.
The final rule becomes effective March 2, 2026.
In coordination with the release of the final ELG Deadline Extension Rule, EPA’s Office of Enforcement and Compliance (OECA) issued a No Action Assurance (NAA) Memorandum.
The NAA memo provides temporary enforcement relief for steam electric power plants that qualify for alternative compliance dates under the new Deadline Extensions Rule. EPA recognizes that facilities and permitting authorities may need extra time to update permits to reflect the new rule, given the administrative process involved.
APPA provided the following summary of the key elements of the final rule and NAA memo:
Final ELG Deadlines Extension Rule
Extended Deadlines
The final rule moves the latest compliance date for flue gas desulfurization wastewater (FGDW), bottom as transport water (BATW), and combustion residual leachate (CRL) from December 31, 2029, to December 31, 2034. The Notice of Planned Participation (NOPP) deadline for facilities seeking to retire coal units is extended from December 31, 2025, to December 31, 2031.
Transfer Provisions
Facilities may now switch between compliance alternatives, including moving in and out of subcategories, for permanent cessation of coal combustion and zero-discharge limitations, through December 31, 2034.
Site-Specific Flexibility
EPA authorizes permitting authorities to set alternative applicability dates based on site-specific factors if a facility:
· transfers between limitations or backs out of a commitment to permanently cease coal combustion due to unexpected change in regional capacity markets or local demand;
· supply-chain delays; and
· encounters other unforeseen circumstances that require additional time and wholly beyond the facilities control and ability to plan for.
Permitting authorities may accept late NOPP submissions provided the facility meets one of the circumstances noted in the previous bullet.
Clarifies Must Run Provisions
The rule clarifies the must-run provision, including with respect to the Federal Energy Regulatory Commission’s acceptance of a reliability must-run agreement.
Tiered Standards for Indirect Dischargers
The rule creates a phased/tiered PSES for indirect dischargers, aligning pretreatment compliance dates with those for direct dischargers, and allowing flexibility for facilities planning to convert from indirect to direct discharge.
In sum, the final rule responds to evolving energy market conditions, supply-chain challenges, and stakeholder input, providing regulated entities with flexibility to support grid reliability and economic achievability. EPA commits to ongoing evaluation of industry data and may consider further rulemaking to address underlying technology bases and associated limitations in the 2024 ELG Rule.
No Action Assurance (NAA) Memorandum
The memorandum states that OECA will not pursue enforcement actions for certain violations of permit limits related to the 2020 and 2024 ELG Rules (specifically, for FGD wastewater and bottom ash transport water) if those limits require compliance between December 31, 2025, and December 31, 2026.
Eligibility and Conditions
To benefit from the NAA:
• The facility must submit a timely and complete initial request letter to the permitting authority, seeking an alternative applicability date under 40 C.F.R. §§ 423.18(d) and 423.19(q).
• A copy of this submission must also be provided to EPA via the Effluent Guidelines website.
• The permitting authority must determine that the request is factually supported by one of the specific circumstances outlined in 40 C.F.R. § 423.18(d)(3).
• The facility must comply with all relevant reporting and recordkeeping requirements in 40 C.F.R. § 423.19.
Limitations:
• The NAA does not address state enforcement or potential citizen suits.
• EPA reserves the right to revoke or modify the NAA at any time.
Intent:
The NAA is designed to bridge the gap for eligible plants during the period when permit modifications to reflect new compliance dates are still pending, provided all procedural steps and conditions are satisfied.
The NAA memo temporarily protects qualifying facilities from EPA enforcement for certain ELG-related permit violations. At the same time, they work through the administrative process of updating permits to reflect the new, extended compliance deadlines. This ensures continuity and reliability for the power sector during a period of regulatory transition.
