Energy, Enforcement and Inspection, Environmental, Wastewater

EPA to Revise Wastewater Rules

The EPA recently announced it intends to update the 2024 effluent limitations guidelines (ELGs) for steam electric power generating units.

“ELGs are national industry-specific wastewater regulations based on the performance of demonstrated wastewater treatment technologies (often called ‘technology-based limits’). They are intended to represent the greatest pollutant reductions that are economically achievable for an entire industry and are incorporated into permits designed to be protective of human health and environmental quality,” according to an EPA news release.

The 2024 regulation established a zero-discharge-of-pollutants limitation for three wastewaters generated at coal-fired power plants:

  • Flue gas desulfurization (FGD) wastewater
  • Bottom ash transport water (BATW)
  • Combustion residual leachate (CRL)

The regulation also established numeric discharge limitations for mercury and arsenic for CRL that’s discharged through groundwater and for a fourth wastestream, called legacy wastewater, that’s discharged from certain surface impoundments. The regulation also eliminated less stringent requirements for two subcategories of facilities (high-flow facilities and low utilization energy generating units) that were contained in the 2020 regulation.

“Domestic energy production has never been more important than it is now. As our electric grid faces unprecedented load growth, EPA remains committed to promoting reliable, affordable, and domestically-sourced resources—including beautiful, clean coal — to support American manufacturing, job creation, and economic and energy independence,” said EPA Administrator Lee Zeldin in the Agency release. “We know there are serious concerns about the compliance timelines, and we must consider more realistic options that may prevent the burdensome costs required by the current regulation from hurting American families.”

The release adds that the EPA has characterized the “2024 Steam Electric ELG Rule as a potential undue burden on energy resources.”

Next steps for the EPA are to propose the extension of compliance deadlines for many of the zero-discharge requirements in the 2024 rule and the deadline for facilities to decide whether to submit a Notice of Planned Participation.

The EPA also announced it intends to explore other flexibilities to promote reliable and affordable power generation.

“This initial rulemaking will also seek additional information on zero-discharge technologies, including cost and performance data,” the Agency’s release says. “This information will help EPA determine whether to move forward with a second rulemaking to address zero-discharge technologies and other flexibilities to ensure the U.S. electric utilities can better meet projected energy demand over the next decade. The scope of this second rulemaking could also address unmanaged combustion residual leachate, another type of wastewater.”

The EPA adds that this action advances the goals of President Donald Trump’s Unleashing American Energy Executive Order.

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