2020 Steam Electric Reconsideration Rule
The EPA, on August 31, 2020, finalized a rule revising the regulations for the Steam Electric Power Generating category (40 CFR Part 423). The rule revises requirements for two specific waste streams produced by steam electric power plants: flue gas desulfurization (FGD) wastewater and bottom ash (BA) transport water.
Background
In 2015, the EPA issued a final rule that set the first federal limits on the levels of toxic metals in wastewater that can be discharged from power plants. That rule was subject to legal challenge and the agency received two petitions for administrative reconsideration, including one from the U.S. Small Business Administration’s Office of Advocacy. In response, the EPA agreed to reconsider the Effluent Guidelines for two waste streams. This 2020 rule contains the final revised regulations for those two waste streams.
Webinar
The EPA hosted a public webinar about implementation of the final rule on November 5, 2020.
Affected Facilities
Only those coal fired power plants that discharge FGD wastewater or BA transport water may incur compliance costs under the 2020 final rule. The EPA estimates that 75 plants may incur compliance costs under the final rule, in an industry population of 914 plants.
Regulatory Requirements
The 2020 final rule:
- Changes the technology-basis for treatment of FGD wastewater and BA transport water.
- Revises the voluntary incentives program for FGD wastewater.
- Adds subcategories for high-flow units, low utilization units and those that will transition away from coal combustion by 2028 and finalizing requirements that are tailored to facilities in these subcategories.
- Establishes new compliance dates.
2020 Final Rule Documents
- Federal Register Notice (October 13, 2020)
- Support Documents:
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Fact Sheet
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Supplemental Technical Development Document
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Supplemental Environmental Assessment
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Benefit and Cost Analysis
- Regulatory Impact Analysis
- User Guide to the Docket (including record section subject guide)
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Docket
Documents related to the rulemaking can be found on the EPA’s docket at regulations.gov. The Docket Number is EPA-HQ-OW-2009-0819.
2019 Proposed Reconsideration Rule
- Proposed Rule - Federal Register Notice (November 22, 2019)
Related Rulemakings
- Steam Electric Power Generating Effluent Guidelines - 2023 Proposed Rule
- Disposal of Coal Combustion Residuals from Electric Utilities Rulemakings
(pursuant to the Resource Conservation and Recovery Act)
Additional Information
For additional technical information about the 2020 final rule, please contact Richard Benware (benware.richard@epa.gov) or 202-566-1369. For economic information, please contact James Covington (covington.james@epa.gov) or 202-566-1034.