The Environmental Protection Agency’s Office of Water released the prepublication versions of its proposed rule and accompanying direct final rule (DFR) to provide compliance flexibility for power plants subject to the 2024 supplemental steam electric effluent limitation guidelines (ELGs).
Click here for the proposed rule and here for the DFR.
At a high level, EPA’s proposed rule seeks to:
• Extend the deadline for existing steam electric power plants to assess potential compliance pathways for their continued operations by six years, from December 31, 2025, to December 31, 2031;
• Extend the compliance deadlines related to zero-discharge limitations for flue gas desulfurization (FGD) wastewater, bottom ash transport water (BATW), and combustion residual leachate (CRL) by five years, from December 31, 2029, to December 31, 2034;
• For indirect dischargers of FGDW, BATW, and CRL, EPA's proposed tiered standards would give indirect dischargers flexibility to meet zero discharge requirements on timelines matching those for direct dischargers;
• Update provisions to allow facilities to transfer between compliance alternatives; and
• Establish authority to grant alternative applicability dates and paperwork submission dates, based on site-specific factors.
As part of the proposed rule, EPA is also soliciting targeted feedback on a range of technical issues, which the Agency intends to consider in a future rulemaking to revisit the underlying ELG limits.
Through a DFR, EPA is extending the deadline for existing power plants to notify the Agency of their plans to permanently cease coal combustion under the subcategory created in the 2024 ELG Rule. The DFR would extend the deadline from December 31, 2025, to December 31, 2031.
The DFR will become effective 60 days after publication in the Federal Register unless the Agency receives adverse comment (which would trigger the Agency’s withdrawal of the DFR).
EPA will host a webinar for the public on the proposal and DFR on October 14, 2025. Registration is required.
Comments on these rulemakings will be due 30 days after they are published in the Federal Register.
The rulemaking factsheet and supporting information are available on the rulemaking website.
APPA staff plans to provide a summary of the proposal and will be filing comments. Members are encouraged to reach out to Jessica Wood at JWood@publicpower.org and Carolyn Slaughter at CSlaughter@publicpower.org with any feedback or concerns.
Background
EPA establishes national technology-based pollution limits for industrial discharges to waterways under the Clean Water Act.
These limits, known as ELGs, are enforced through the National Pollutant Discharge Elimination System (NPDES), under which states typically issue permits that last five years.
EPA has issued final revisions to the steam electric ELGs in 2015, 2020, and 2024.
APPA has provided the Agency input and recommendations to improve the rules during each iteration.
