Steam Electric Power Generating Effluent Guidelines - 2015 Final Rule
- On an annual basis, the rule is projected to reduce the amount of toxic metals, nutrients, and other pollutants that steam electric power plants are allowed to discharge by 1.4 billion pounds and reduce water withdrawal by 57 billion gallons
Estimated annual compliance costs for the final rule are $480 million
Estimated benefits associated with the rule are $451 to $566 million
On this page:
- Affected Facilities
- Regulatory Requirements
- Litigation & Rule Reconsideration
- Final Rule
- Background Documents
- Additional Information
Steam electric plant discharges include arsenic, lead, mercury, selenium, chromium, and cadmium. Many of these toxic pollutants, once in the environment, remain there for years.
The current regulations for the industry were last updated in 1982 and do not adequately address toxic metal discharges. The 1982 rule focused on settling out particulates rather than treating dissolved pollutants.
New technologies for generating electric power and the widespread implementation of air pollution controls over the last 30 years have altered existing wastewater streams or created new wastewater streams at many power plants, particularly coal-fired plants. The 2015 rule addresses these changes in the industry.
Certain coal-fired steam electric power plants will be affected by this rule. EPA estimates that about 12 percent of steam electric power plants will incur some costs.
flue gas desulfurization
flue gas mercury control
gasification of fuels such as coal and petroleum coke
EPA received multiple petitions for review challenging the regulations, which were consolidated in the U.S. Court of Appeals for the Fifth Circuit on December 8, 2015. The Agency later received petitions for administrative reconsideration of the final rule, in March and April 2017. EPA informed the petitioners that it will reconsider the rule. EPA also sent a letter to the states reminding them of flexibilities available to NPDES permitting authorities under the Final Rule. In light of the reconsideration, EPA views that it is appropriate to postpone impending deadlines as a temporary, stopgap measure to prevent the unnecessary expenditure of resources until it completes reconsideration of the 2015 rule.
After reflecting on the time it typically takes the Agency to propose and finalize revised effluent limitations guidelines and standards, and in light of the characteristics of this industry and the anticipated scope of the next rulemaking, EPA projects that it will take approximately three years to propose and finalize a new rule (i.e., Fall 2020). Thus, EPA has finalized a rule postponing the earliest compliance dates for the BAT effluent limitations and PSES for BA transport water and FGD wastewater in the 2015 Rule, from November 1, 2018 to November 1, 2020.
- Final Rule: Postponement of Certain Compliance Dates (September 18, 2017)
- Fact Sheet (September 2017)
- EPA letter to petitioners (August 11, 2017)
- Postponement of Certain Compliance Dates (June 6, 2017)
- Notice: Stay of Certain Compliance Deadlines - Federal Register (April 25, 2017)
- Related documents:
- EPA letter to states regarding compliance date flexibility (April 11, 2017)
- EPA response to UWAG & SBA petitions (April 12, 2017)
- Petition to reconsider the Final Rule; submitted by U.S. Small Business Administration (SBA) (April 5, 2017)
- Petition to reconsider the Final Rule; submitted by Utility Water Act Group (UWAG) (March 24, 2017)
- Final Rule - Federal Register Notice (November 3, 2015)
- Support documents, including:
- Fact Sheet
- Technical Development Document
- Environmental Assessment
- Benefit and Cost Analysis
- Regulatory Impact Assessment
Documents related to the rulemaking can be found on EPA’s docket at regulations.gov. The Docket Number is EPA-HQ-OW-2009-0819.
- Proposed Rule: Federal Register Notice (June 7, 2013)
- Steam Electric Power Generating Point Source Category: Final Detailed Study Report (2009)
- Laboratory Analysis of Flue Gas Desulfurization (FGD) Wastewater
Summaries of EPA consultations with Indian Tribes and consultations pursuant to the Unfunded Mandates Reform Act and Executive Order 13132 on federalism
Blank survey form and response database for EPA's 2010 questionnaire that was distributed to steam electric power plants
For additional technical information about the final rule, please contact Ronald Jordan (firstname.lastname@example.org) or 202-566-1003. For economic information please contact James Covington (email@example.com) or 202-566-1034.